Zaharatos v Zaharatos
Motion No: 2021-01009
Slip Opinion No: 2021 NY Slip Op 63834(U)
Decided on March 26, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M276309

E/sl

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2021-01009

Marina Zaharatos, et al., appellants,

v John Zaharatos, respondent.

(Action No. 1)

John Zaharatos, etc., respondent,

v Marina Zaharatos, appellant.

(Action No. 2)

(Index Nos. 500153/2011, 6886/2011,

688/2011)

DECISION & ORDER ON MOTION

Appeal from a decision of the Supreme Court, Kings County, dated December 22, 2020. Motion by the appellants for leave to appeal to this Court from the decision and, inter alia, to enjoin the respondent from selling or transferring certain property awarded to him, pending hearing and determination of the appeal.

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; and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right 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 motion is otherwise denied as academic.

CHAMBERS, J.P., AUSTIN, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court