Bitton v. Bitton

Full title: Julia F. Bitton, appellant, v. Albert Bitton, respondent.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Jan 28, 2013

2013 N.Y. Slip Op. 62747 (N.Y. App. Div. 2013)

Opinion

2013-00227 Index No. 13191/10 M150436

01-28-2013

Julia F. Bitton, appellant, v. Albert Bitton, respondent.

REINALDO E. RIVERA

, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated November 14, 2012, to stay the trial in the above-entitled action until the respondent pays the appellant any counsel fees awarded to the appellant pursuant to a pending motion in the Supreme Court, Kings County.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

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 we decline to grant leave to appeal; and it is further,

ORDERED that the motion is denied as academic.

RIVERA, J.P., CHAMBERS, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court