Opinion
2012-08840 2013-06905 Index No. 05-399 M159867
07-25-2013
David Bruce McMahan, respondent, v. Elena McMahan, appellant.
, P.J.
MARK C. DILLON
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Westchester County, dated August 16, 2012, and April 23, 2013, respectively, or to calendar the appeals together, and for oral argument of the appeals.
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 from the order dated April 23, 2013, 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 branch of the motion which is for oral argument of the appeal from the order dated August 16, 2012, is denied as unnecessary as oral argument is permitted; and it is further,
ORDERED that the motion is otherwise denied as academic.
ENG, P.J., DILLON, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court