Musachio v. Musachio

Full title: Mark Musachio, respondent, v. Annmarie Musachio, appellant.

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

Date published: Jun 6, 2012

2012 N.Y. Slip Op. 75304 (N.Y. App. Div. 2012)

Opinion

Motion No: 2012-01689 2012-04930 Index No. 21672-04 M138816

06-06-2012

Mark Musachio, respondent, v. Annmarie Musachio, appellant.

DANIEL D. ANGIOLILLO

, J.P.

ARIEL E. BELEN

CHERYL E. CHAMBERS

SHERI S. ROMAN, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Suffolk County, entered December 29, 2011, and an order of the same court dated May 3, 2012, pending hearing and determination of appeals therefrom.

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

ORDERED that on the Court's own motion, the appeal from the order dated May 3, 2012 (Appellate Division Docket No. 2012-04930), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and we decline to grant leave to appeal; and it is further,

ORDERED that the motion is denied.

ANGIOLILLO, J.P., BELEN, CHAMBERS and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court