INDICTOR v. INDICTOR (2025)

DECISION & ORDER

In a consolidated action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Richmond County (Paul Marrone, Jr., J.), dated January 24, 2023.  The order vacated a stay of so much of a decision and order (one paper) of the same court (Dennis Owens, Ct. Atty. Ref.) dated March 28, 2022, as directed the defendant to submit a judgment of divorce, on notice, within 60 days from the date of the decision and order and, thereupon, directed the defendant to submit a judgment of divorce, on notice, on or before February 23, 2023.

ORDERED that the appeal is dismissed, without costs or disbursements.

The appeal from the order must be dismissed, as no appeal lies as of right from an order that does not determine a motion made on notice (see CPLR 5701[a][2]), and we decline to grant leave to appeal (see id. § 5701[c];  Kelsey v. Rutledge, 214 A.D.3d 862, 862, 183 N.Y.S.3d 856;  McGowan v. Great N. Ins. Co., 105 A.D.3d 714, 715, 962 N.Y.S.2d 638).

MILLER, J.P., DOWLING, WAN and GOLIA, JJ., concur.