| Matter of Smith v Murray |
| Motion No: 2008-04975 |
| Slip Opinion No: 2008 NYSlipOp 75123(U) |
| Decided on June 17, 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
M71939
E/sl
PETER B. SKELOS, J.P.
JOSEPH COVELLO
JOHN M. LEVENTHAL
ARIEL E. BELEN, JJ.
|
2008-04975 In the Matter of Erick A. Smith, petitioner, v Melissa Murray, respondent. (Docket Nos. V-1451/07, V-1452/07)
| DECISION & ORDER ON MOTION |
Motion by Melissa Murray for leave to appeal to this court from an order of the Family Court, Kings County, dated April 30, 2008, to stay enforcement of the order pending hearing and determination of the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
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 to waive the filing fee for this motion is granted; and it is further,
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that the branches of the motion which are to stay enforcement of the order pending hearing and determination of the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel are denied as academic.
SKELOS, J.P., COVELLO, LEVENTHAL and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court