Smith v Gold-Smith
Motion No: 2018-14210
Slip Opinion No: 2019 NY Slip Op 62092(U)
Decided on February 1, 2019
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M259753

E/sl

ALAN D. SCHEINKMAN, P.J.

JOHN M. LEVENTHAL

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2018-14210

David Smith, respondent,

v Susanne Gold-Smith, appellant.

(Index No. 200017/18)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, entered October 11, 2018. By order to show cause dated December 13, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion and leave to appeal had not been granted.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see Bagdy v Progresso Foods Corp., 86 AD2d 589).

SCHEINKMAN, P.J., LEVENTHAL, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court