Ceus v Ceus
Motion No: 2006-10667
Slip Opinion No: 2007 NYSlipOp 71176(U)
Decided on June 8, 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

M55630

E/sl

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

DAVID S. RITTER

MARK C. DILLON, JJ.

2006-10667

Porfiria Ceus, respondent,

v Fadherbe Ceus, appellant.

(Index No. 95-2908)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue the respondent's motion to dismiss an appeal from an order of the Supreme Court, Rockland County, dated October 31, 2006, on the ground that the appellant is a fugitive and is unavailable to obey the mandate of the court, which was determined by decision and order on motion dated January 9, 2007, to reinstate the appeal, 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 motion is denied.

MILLER, J.P., SPOLZINO, RITTER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court