Tirino v Tirino
Motion No: 2021-01781
Slip Opinion No: 2021 NY Slip Op 64019(U)
Decided on March 31, 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

M276384

E/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2021-01781

Theresa Tirino, appellant,

v Robert Tirino, respondent.

(Index No. 9360/2016)

DECISION & ORDER ON MOTION

Appeal from a decision of the Supreme Court, Suffolk County, dated February 22, 2021. Motion by the appellant to stay enforcement of the decision and to reinstate a certain temporary order of custody, 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 on the Court's own motion, the appeal 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 denied as academic.

MASTRO, A.P.J., RIVERA, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court