Barry v Barry
Motion No: 2024-11006
Slip Opinion No: 2025 NY Slip Op 60418(U)
Decided on January 10, 2025
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

M301961

AFA/

FRANCESCA E. CONNOLLY, J.P.

CHERYL E. CHAMBERS

HELEN VOUTSINAS

JAMES P. MCCORMACK, JJ.

2024-11006

John W. Barry, respondent,

v Candice Barry, appellant.

(Index No. 616955/2021)

DECISION & ORDER ON MOTION

2024-11064

John W. Barry, respondent,

v Candice Barry, appellant.

(Index No. 616955/2021)

2024-11068

John W. Barry, respondent,

v Candice Barry, appellant.

(Index No. 616955/2021)

Appeals from three orders of the Supreme Court, Suffolk County, all dated September 30, 2024. Motion by the appellant to stay enforcement of the orders, pending hearing and determination of the appeals.

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 to stay enforcement of the order under Appellate Division Docket No. 2024-11006 is granted to the extent that the appointment of a receiver granted in that order is stayed, pending hearing and determination of the appeals; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order under Appellate Division Docket No. 2024-11068 is granted, and enforcement of that order is stayed, pending hearing and determination of the appeals; and it is further

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appeal from the order under Appellate Division docket No. 2024-11064 is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and we decline to grant leave to appeal.

CONNOLLY, J.P., CHAMBERS, VOUTSINAS and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court