| Matter of Phillips, Francis D; Victor Valdes |
| Motion No: 2006-00576 |
| Slip Opinion No: 2006 NYSlipOp 62808(U) |
| Decided on February 8, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M35901
Y/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2006-00576 In the Matter of Francis D. Phillips, II, etc., respondent; Victor Valdes, appellant. (Index No. 6092/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the County Court, Orange County, dated January 13, 2006, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as the order is not appealable (see Matter of Alphonso C., 38 NY2d 923; see also Matter of Anonymous v Cacciabaudo, 153 AD2d 856); and it is further,
ORDERED that the motion is denied as academic.
ADAMS, J.P., RITTER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court