Matter of Sepulveda v Gomez
Motion No: 2008-03944
Slip Opinion No: 2008 NYSlipOp 73155(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M71050

E/cb

STEVEN W. FISHER, J.P.

EDWARD D. CARNI

WILLIAM E. McCARTHY

ARIEL E. BELEN, JJ.

2008-03944

In the Matter of Candido Sepulveda, appellant,

v Israel Gomez, et al., respondents.

(Index Nos. V-5400/08, V-5454/08,

V-5456/08, V-11810/08, V-11811/08)

DECISION & ORDER ON MOTION

Motion by Candido Sepulveda for leave to appeal to this court from an order of the Family Court, Queens County, dated April 10, 2008, to stay enforcement of the order pending hearing and determination of the appeal, to remand the child Faith to his care and custody, and for leave to prosecute the appeal as a poor person.

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 motion is otherwise denied as academic.

FISHER, J.P., CARNI, McCARTHY and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court