| Matter of Walter v Martin |
| Motion No: 2007-04819 |
| Slip Opinion No: 2008 NYSlipOp 63959(U) |
| Decided on February 19, 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. |
Appellate Division: Second Judicial Department
M65070
E/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
FRED T. SANTUCCI
ROBERT A. LIFSON, JJ.
|
2007-04819 In the Matter of Margarita T. Walter, petitioner, v La Tia Martin, etc., respondent; John Walter, proposed intervenor.
| DECISION & ORDER ON MOTION |
Motion by the petitioner, in effect, for leave to reargue a proceeding pursuant to CPLR article 78, which was determined by decision, order, and judgment of this court dated September 11, 2007. Separate motion by the appellant, inter alia, to stay a hearing scheduled for January 17, 2008, in an action entitled Walter v Walter, pending in the Supreme Court, Westchester County, under Index No. 01-17328, pending hearing and determination of the motion for leave to reargue.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion for leave to reargue is denied; and it is further,
ORDERED that the motion for a stay is denied as academic in light of the decision and order on motion of this court dated February 19, 2008, and entered in Appellate Division Docket No. 2007-07017.
PRUDENTI, P.J., MASTRO, SANTUCCI and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court