| Matter of Shaw v Miller |
| Motion No: 2006-02644 |
| Slip Opinion No: 2006 NYSlipOp 67374(U) |
| Decided on April 24, 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
M38832
T/sl
ROBERT W. SCHMIDT, J.P.
ROBERT A. SPOLZINO
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2006-02644 In the Matter of Richard Shaw, petitioner, v Jaye Miller, respondent. (Docket No. V-26210-04)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to appeal to this court from an order of the Supreme Court, Kings County, dated March 15, 2006, and to stay enforcement of the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this court is denied; and it is further,
ORDERED that on the court's own motion, the appeal taken as of right is dismissed, without costs or disbursements, as no appeal lies as of right from a nondispositional order of the Family Court (see Family Ct Act 31112[a]); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order is denied as academic.
SCHMIDT, J.P., SPOLZINO, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court