Appellate Division: Second Judicial Department

M59325

E/cb

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

THOMAS A. DICKERSON, JJ.

2007-05615 Margarita Walter, appellant, v John Walter, respondent. (Index No. 01-17328)

DECISION & ORDER ON MOTION

Motion by the appellant (1), in effect, to recall and vacate so much of a decision and order on motion of this court dated July 6, 2007, as dismissed an appeal from an order of the Supreme Court, Westchester County, dated May 16, 2007, and to reinstate the appeal, or, in the alternative, for leave to appeal to this court from the order dated May 16, 2007, and (2) for leave to reargue her motion, inter alia, to stay enforcement of the order dated May 16, 2007, pending hearing and determination of the appeal, which was determined by the decision and order on motion dated July 6, 2007.

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, in effect, to recall and vacate the decision and order on motion dated July 6, 2007, and reinstate the appeal, or, in the alternative, for leave to appeal to this court from the order dated May 16, 2007, is denied; and it is further,

ORDERED that the branch of the motion which is for leave to reargue is denied as academic in light of our determination.

CRANE, J.P., KRAUSMAN, FISHER and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court