| Gregory v Gregory |
| Motion No: 2019-04389 |
| Slip Opinion No: 2019 NY Slip Op 75964(U) |
| Decided on July 24, 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. |
Appellate Division: Second Judicial Department
M264713
E/sl
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
JOHN M. LEVENTHAL
COLLEEN D. DUFFY, JJ.
|
2019-04389 Maura Noordhoorn Gregory, respondent, v Robert Michael Thomas Gregory, appellant. (Index No. 202573/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a decision and order (one paper) of the Supreme Court, Nassau County, dated January 24, 2019, pending hearing and determination of an appeal therefrom. By order to show cause dated June 4, 2019, the parties were directed to show cause why the appeal should or should not be dismissed on the ground that no appeal lies from a decision and/or no appeal lies from an order which did not result from a motion made on notice and leave to appeal has not been granted.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is granted (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the appellant's motion is denied as academic.
DILLON, J.P., AUSTIN, LEVENTHAL and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court