Matter of B. (Anonymous), Elena D.
Motion No: 2007-08130
Slip Opinion No: 2007 NYSlipOp 79276(U)
Decided on September 26, 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

M60317

E/sl

STEPHEN G. CRANE, J.P.

ANITA R. FLORIO

ROBERT A. LIFSON

WILLIAM E. McCARTHY, JJ.

2007-08130

In the Matter of Elena D. B. (Anonymous).

Elena B. S. (Anonymous), appellant;

Anne Penachio, respondent.

(Index No. 07-7243)

DECISION & ORDER ON MOTION

Motion by the petitioner Elena B. S. for leave to appeal to this court from an order of the Supreme Court, Westchester County, entered August 9, 2007, and to stay enforcement of the order pending hearing and determination of the appeal, or, in the alternative, pursuant to CPLR 5704(a) to vacate the order.

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; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order is denied as academic; and it is further,

ORDERED that the branch of the motion which is pursuant to CPLR 5704(a) to vacate the order is denied.

CRANE, J.P., FLORIO, LIFSON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court