| Matter of R. (Anonymous), Rubin |
| Motion No: 2019-08243 |
| Slip Opinion No: 2019 NY Slip Op 77440(U) |
| Decided on August 14, 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
M265215
E/sl
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
FRANCESCA E. CONNOLLY
VALERIE BRATHWAITE NELSON, JJ.
|
2019-08243 In the Matter of Rubin R. (Anonymous), appellant. (Index No. 100116/19)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated July 10, 2019, pending hearing and determination of an appeal therefrom or, in effect, for summary reversal. Cross motion by the respondent to dismiss the appeal on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the cross motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further,
ORDERED that the motion is denied as academic.
BALKIN, J.P., LEVENTHAL, CONNOLLY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court