Matter of Grigoli v Grigoli
Motion No: 2007-04374
Slip Opinion No: 2007 NYSlipOp 70533(U)
Decided on May 31, 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

M55308

E/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2007-04374

In the Matter of Jacqueline Grigoli, petitioner,

v Carmine Grigoli, respondent.

(Docket No. V-1889-05)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to appeal to this court from a writ of habeas corpus of the Family Court, Richmond County, dated April 13, 2007, and, inter alia, to stay enforcement of the writ of habeas corpus 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 is denied as the writ of habeas corpus is not an appealable paper (see CPLR 7011); and it is further,

ORDERED that the motion is otherwise denied as academic.

PRUDENTI, P.J., SCHMIDT, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court