Appellate Division: Second Judicial Department

M267172

E/mb

MARK C. DILLON, J.P.

RUTH C. BALKIN

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2019-04213 Marina Fakiris, appellant, v Petroula Fakiris, respondent. (Index No. 9839/15)

DECISION & ORDER ON MOTION

2019-10149

Marina Fakiris, appellant,

v Petroula Fakiris, respondent.

(Index No. 9839/15)

2019-11093

Marina Fakiris, appellant,

v Petroula Fakiris, respondent.

(Index No. 9839/15)

Motion by the appellant, inter alia, to stay the respondent from recording a deed to the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Queens County, dated February 6, 2019, and July 31, 2019, respectively, and a decision and order (one paper) of the same court dated July 2, 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 from the decision and order dated July 2, 2019, is dismissed, without costs or disbursements, on the ground that the portion of the decision and order which directs the payment of $12,777.91 within 10 days of the date of the decision and order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701), and the remainder of the decision and order constitutes a decision from which no appeal lies (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that on the Court's own motion, the appeal from the order dated July 31, 2019, 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 and leave to appeal has not been granted (see CPLR 5701); and it is further,

ORDERED that the motion is denied.

DILLON, J.P., BALKIN, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court