Kairey v Hirsch
Motion No: 2020-00201
Slip Opinion No: 2020 NY Slip Op 64023(U)
Decided on March 4, 2020
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

M270074

kbp/

REINALDO E. RIVERA, J.P.

HECTOR D. LASALLE

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2020-00201, 2020-00202

Elizabeth Kairey, respondent,

v Elliot M. Hirsch, appellant.

(Index No. 53206/18)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated November 22, 2019, and an amended order of the same court also dated November 22, 2019, pending hearing and determination of appeals from the order and the amended order, and for poor person relief.

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 order is dismissed on the ground that no appeal lies as of right from an order that does not affect a substantial right (see CPLR 5701), and leave to appeal has not been granted; and it is further,

ORDERED that on the Court's own motion, the appeal from the amended order is dismissed 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.

RIVERA, J.P., LASALLE, BARROS and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court