Appellate Division: Second Judicial Department

M277812

E/sl

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY

PAUL WOOTEN, JJ.

2021-03302 Chana Twersky, appellant, v Yackov Twersky, respondent. (Index No. 33113/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, dated April 8, 2021. Motion by the appellant for leave to appeal to this Court from the order or, in the alternative, for a determination that the order is appealable as of right, and to vacate the order. Separate motion by the appellant to stay enforcement of the order and to return the subject children to her care and custody, 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 branch of the motion which is for leave to appeal to this Court from the order dated April 8, 2021, 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 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; and it is further,

ORDERED that the branches of the motion which are for a determination that the order is appealable as of right and to vacate the order are denied; and it is further,

ORDERED that the motion to stay enforcement of the order and to return the subject children to the appellant's care and custody is denied as academic.

RIVERA, J.P., HINDS-RADIX, CONNOLLY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court