| Toiv v Simantov |
| Motion No: 2022-05999 |
| Slip Opinion No: 2022 NY Slip Op 73956(U) |
| Decided on November 2, 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. |
Appellate Division: Second Judicial Department
M285737
AFA/
ANGELA G. IANNACCI, J.P.
ROBERT J. MILLER
LINDA CHRISTOPHER
BARRY E. WARHIT, JJ.
|
2022-05999 Donna Toiv, respondent, v Joseph Simantov, appellant. (Index No. 803017/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, dated July 1, 2022. Motion by the appellant to stay enforcement of the order, 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 motion is denied; and it is further,
ORDERED that on the Court's own motion, the appeal 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.
IANNACCI, J.P., MILLER, CHRISTOPHER and WARHIT, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court