Matter of Brody v Brody
Motion No: 2007-09309
Slip Opinion No: 2007 NYSlipOp 82811(U)
Decided on November 2, 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

M61995

E/sl

GLORIA GOLDSTEIN, J.P.

MARK C. DILLON

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2007-09309

In the Matter of Viergeline Brody, petitioner,

v Louis Brody, respondent.

(Docket No. O-23432-07)

DECISION & ORDER ON MOTION

Motion by Louis Brody for leave to appeal to this court from an order of the Family Court, Kings County, dated October 2, 2007, to stay enforcement of the order pending hearing and determination of the appeal, for leave to prosecute the appeal as a poor person, and to waive the motion filing fee.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to waive the motion filing fee is granted; and it is further,

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

ORDERED that the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic.

GOLDSTEIN, J.P., DILLON, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court