Miller v. Volz

Full title: Andrew Miller, appellant, v. Ashley Volz, respondent.

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

Date published: Jun 13, 2012

2012 N.Y. Slip Op. 76014 (N.Y. App. Div. 2012)

Opinion

Motion No: 2012-04895 Index No. 56564/09 M139155

06-13-2012

Andrew Miller, appellant, v. Ashley Volz, respondent.

MARK C. DILLON

, J.P.

ARIEL E. BELEN

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

DECISION & ORDER ON MOTION

Motion by Andrew Miller for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated May 17, 2012, and, in effect, to stay enforcement of the order, pending hearing and determination of the appeal. Cross motion by Ashley Volz for an award of an attorney's fees and costs in the sum of $7,000.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation 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; and it is further,

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

ORDERED that the cross motion is denied.

DILLON, J.P., BELEN, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court