Listowsky v Listowsky
Motion No: 2006-01170
Slip Opinion No: 2006 NYSlipOp 64510(U)
Decided on March 3, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M36628

T/nal

ANITA R. FLORIO, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2006-01170

Philip Listowsky, etc., respondent, v

Susan Listowsky, appellant.

(Index No. 22401/05)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Queens County, dated February 2, 2006, pending hearing and determination of an appeal therefrom.

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 notice of appeal from the transcript dated January 30, 2006, is deemed to be a premature notice of appeal from the order dated February 2, 2006 (see CPLR 5520[c]); and it is further,

ORDERED that the motion is denied.

FLORIO, J.P., SANTUCCI, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court