Tuchman v Tuchman
Motion No: 2018-12993
Slip Opinion No: 2019 NY Slip Op 64217(U)
Decided on February 28, 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

M260548

E/sl

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2018-12993, 2018-12994, 2018-12995

Brenda Tuchman, respondent-appellant,

v Nelson M. Tuchman, appellant-respondent.

(Index No. 5016/12)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent, inter alia, to stay enforcement of stated portions of a judgment of the Supreme Court, Westchester County, dated August 31, 2018, pending hearing and determination of an appeal and cross appeal from the judgment, an order of the same court also dated August 31, 2018, and findings of fact and conclusions of law of the same court also dated August 31, 2018.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeal from the findings of fact and conclusions of law is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion is denied.

LEVENTHAL, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court