Matter of Echols v Weiner
Motion No: 2007-00585
Slip Opinion No: 2007 NYSlipOp 62151(U)
Decided on January 30, 2007
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

M50113

E/sl

WILLIAM F. MASTRO, J.P.

STEVEN W. FISHER

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2007-00585

In the Matter of Sean Echols, petitioner,

v Ellen Weiner, respondent.

(Docket No. V-14118-03)

DECISION & ORDER ON MOTION

Motion by Ellen Weiner for leave to appeal to this court from an order of the Family Court, Westchester County, dated December 11, 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 and relation thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that on the court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right (see Family Ct Act § 1112[a]) and we decline to grant leave to appeal; and it is further,

ORDERED that the motion is otherwise denied as academic.

MASTRO, J.P., FISHER, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court