Opinion
2021-05669 Index 501880/2019
01-28-2022
Asa Barnes, III, appellant, v. Emily Barnes, respondent.
ANGELA G. IANNACCI, J.P. ROBERT J. MILLER JOSEPH J. MALTESE WILLIAM G. FORD, JJ.
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 A.D.2d 509); and it is further, ORDERED that the motion is otherwise denied as academic.
IANNACCI, J.P., MILLER, MALTESE and FORD, JJ., concur.