Cervera v Bressler
Motion No: 2007-11605
Slip Opinion No: 2008 NYSlipOp 61745(U)
Decided on January 23, 2008
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

M65149

E/sl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-11605

Frank Cervera, plaintiff,

v Rossanna Cervera, defendant.

(Index No. 97-8683)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from a transcript of the Supreme Court, Westchester County, dated December 18, 2007, and to stay enforcement of the transcript 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; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the transcript is denied as academic without prejudice to seeking this relief once an order is entered on the transcript.

We note that any order issued by the Supreme Court must be signed (see CPLR 2219[a]).

SKELOS, J.P., FISHER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court