Brandel v Brandel
Motion No: 2019-05033
Slip Opinion No: 2019 NY Slip Op 71877(U)
Decided on June 5, 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

M263258

E/mm

WILLIAM F. MASTRO, J.P.

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2019-05033

Cecilia Brandel, respondent,

v William Brandel, appellant.

(Index No. 2974/15)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to direct the respondent to return the subject child to the United States, pending hearing and determination of an appeal from an order of the Supreme Court, Orange County, dated May 7, 2019.

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 is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; and it is further,

ORDERED that the motion is denied as academic.

MASTRO, J.P., MALTESE, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court