Kaplan v Kaplan
Motion No: 2020-05800
Slip Opinion No: 2020 NY Slip Op 71386(U)
Decided on September 9, 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

M272870

E/sl

CHERYL E. CHAMBERS, J.P.

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY

PAUL WOOTEN, JJ.

2020-05800

Carol Kaplan, respondent,

v Daniel Kaplan, appellant.

(Index No. 800273/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated July 7, 2020. Motion by Daniel Kaplan for leave to appeal to this Court from the order dated July 7, 2020. Separate motion by Daniel Kaplan to stay enforcement of stated portions of the order pending hearing and determination of the appeal.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motions are dismissed for failure to pay the motion filing fee (see CPLR 8022[b]); and it is further,

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.

CHAMBERS, J.P., DUFFY, CONNOLLY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court