| DiNapoli v DiNapoli |
| Motion No: 2020-06294 |
| Slip Opinion No: 2020 NY Slip Op 73644(U) |
| Decided on October 23, 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. |
Appellate Division: Second Judicial Department
M273686
E/sl
LEONARD B. AUSTIN, J.P.
ROBERT J. MILLER
VALERIE BRATHWAITE NELSON
PAUL WOOTEN, JJ.
|
2020-06294 Tracey DiNapoli, appellant, v Ryan DiNapoli, respondent. (Index No. 6474/2016)
| DECISION & ORDER ON MOTION |
2020-07049
Tracey DiNapoli, plaintiff-appellant,
v Ryan DiNapoli, respondent; Noa D. (Anonymous),
et al., nonparty-appellants.
(Index No. 6474/2016)
Appeals from a decision of the Supreme Court, Suffolk County, dated August 13, 2020, and a judgment of the same court dated September 16, 2020. Motion by the appellant Tracey DiNapoli for leave to appeal to this Court from the decision dated August 13, 2020, and, in effect, to stay enforcement of the judgment dated September 16, 2020, and to return the subject children to her care and custody, pursuant to the judgment of divorce, entered January 7, 2019, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal from the decision dated August 13, 2020, is denied; and it is further,
ORDERED that on the Court's own motion, the appeal from the decision dated August 13, 2020, is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the branch of the motion which is, in effect, to stay enforcement of the judgment dated September 16, 2020, and to return the subject children to the care and custody of the appellant Tracey DiNapoli, pursuant to the judgment of divorce, entered January 7, 2019, is granted, and enforcement of the judgment is stayed and the subject children are returned to the care
and custody of the appellant Tracy DiNapoli, pursuant to the judgment of divorce, entered January 7, 2019, pending hearing and determination of the appeals from the judgment dated September 16, 2020.
AUSTIN, J.P., MILLER, BRATHWAITE NELSON and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court