Barnes v Barnes
Motion No: 2021-05669
Slip Opinion No: 2022 NY Slip Op 60926(U)
Decided on January 28, 2022
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

M281224

AFA/

ANGELA G. IANNACCI, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

WILLIAM G. FORD, JJ.

2021-05669

Asa Barnes, III, appellant,

v Emily Barnes, respondent.

(Index No. 501880/2019)

DECISION & ORDER ON MOTION

Appeal from a decision of the Supreme Court, Putnam County, dated July 9, 2021. Motion by Asa Barnes, III for leave to appeal to this Court from the decision and to stay enforcement of the decision, 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 (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion is otherwise denied as academic.

IANNACCI, J.P., MILLER, MALTESE and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court