| Kairey v Hirsch |
| Motion No: 2020-09280 |
| Slip Opinion No: 2021 NY Slip Op 61241(U) |
| Decided on February 5, 2021 |
| 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
M275454
E/sl
WILLIAM F. MASTRO, A.P.J.
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER, JJ.
|
2020-09280 Elizabeth M. Kairey, plaintiff, v Elliot M. Hirsch, defendant. (Index No. 53206/2018)
| DECISION & ORDER ON MOTION |
Motion by Elliot M. Hirsch for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated October 5, 2020, to stay enforcement of the order pending hearing and determination of the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the order is appealable as of right (see CPLR 5701), without prejudice to filing a timely notice of appeal (see CPLR 5513, 5514); and it is further,
ORDERED that the motion is otherwise denied without prejudice to renew after filing a timely notice of appeal.
MASTRO, A.P.J., HINDS-RADIX, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court