| Lepper v Lepper |
| Motion No: 2024-01254 |
| Slip Opinion No: 2024 NY Slip Op 69320(U) |
| Decided on June 12, 2024 |
| 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
M297028
AFA/
COLLEEN D. DUFFY, J.P.
FRANCESCA E. CONNOLLY
PAUL WOOTEN
LOURDES M. VENTURA, JJ.
|
2024-01254 John Lepper, appellant, v Noelle Lepper, respondent. (Index No. 604/2020)
| DECISION & ORDER ON MOTION |
2024-02150
John Lepper, appellant,
v Noelle Lepper, respondent.
(Index No. 604/2020)
Appeals from two orders of the Supreme Court, Suffolk County, dated December 29, 2023, and February 9, 2024, respectively. Motion by the appellant to consolidate the appeals and to stay all proceedings in the above-entitled action, including enforcement of the orders, pending hearing and determination of the appeals. Cross-motion by the respondent to dismiss the appeals, inter alia, on the ground that no appeal lies from an order entered upon the default of the appealing party and on the ground that the orders are not appealable as of right.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross-motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the cross-motion which is to dismiss the appeal from the order dated February 9, 2024, on the ground that the order is not appealable as of right is granted, and the appeal from the order dated February 9, 2024, is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right (see CPLR 5701), and we decline to grant leave to appeal; and it is further,
ORDERED that the cross-motion is otherwise denied; and it is further,
ORDERED that the branches of the motion which are to consolidate the appeals and to stay enforcement of the order dated February 9, 2024, are denied as academic; and it is further,
ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action, including enforcement of the order dated December 29, 2023, is denied.
DUFFY, J.P., CONNOLLY, WOOTEN and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court