| Xiao Yang Chen v Fischer |
| Motion No: 2008-03899 |
| Slip Opinion No: 2008 NYSlipOp 73135(U) |
| Decided on May 28, 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
M71047
E/cb
STEVEN W. FISHER, J.P.
EDWARD D. CARNI
WILLIAM E. McCARTHY
ARIEL E. BELEN, JJ.
|
2008-03899 Xiao Yang Chen, appellant, v Ian Ira Fischer, respondent. (Index Nos. 995/02)
| DECISION & ORDER ON MOTION |
Motion by Xiao Yang Chen for leave to appeal to this court from an order of the Supreme Court, Westchester County, dated April 18, 2008, and to stay enforcement of the order 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 on the court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order is denied as academic.
FISHER, J.P., CARNI, McCARTHY and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court