Goldberg v. Goldberg

Full title: Jill Goldberg, respondent, v. Jeffrey A. Goldberg, appellant.

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

Date published: Sep 12, 2011

Motion No: 2011-03988 (N.Y. App. Div. Sep. 12, 2011)

Opinion

Motion No: 2011-03988 2011-05532 Index No. 202923/10 M125575

09-12-2011

Jill Goldberg, respondent, v. Jeffrey A. Goldberg, appellant.

MARK C. DILLON

, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Nassau County, dated March 18, 2011, and April 13, 2011, respectively, in effect, to dismiss the appeal from the order dated April 13, 2011, on the ground that no appeal lies as of right from an order that does not decide a motion made on notice.

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 notice of appeal from the order dated April 13, 2011, is deemed an application for leave to appeal from that order and leave to appeal is granted; and it is further,

ORDERED that the motion is denied as academic.

DILLON, J.P., BALKIN, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court