Appellate Division: Second Judicial Department

M70465

S/cb

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2008-03298 In the Matter of Gail Suissa, respondent, v Chalom Suissa, appellant. (Docket No. F-5591/96)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated April 23, 2008, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant to stay enforcement of an order of the Family Court, Kings County, dated April 9, 2008, pending hearing and determination of an appeal therefrom, and for leave to prosecute the appeal as a poor person.

Upon the papers filed in support of the motion and the papers field in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is granted to the extent that the filing fee for this motion is waived and that branch of the motion is otherwise denied with leave to renew, on or before May 30, 2008, upon papers establishing that the appellant is entitled to poor person relief; and it is further,

ORDERED that the branch of the motion which is for a stay is denied.

RIVERA, J.P., RITTER, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court