Matter of Espinosa v DeCarlo
Motion No: 2008-03647
Slip Opinion No: 2008 NYSlipOp 77241(U)
Decided on July 9, 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

M72975

E/sl

STEVEN W. FISHER, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

2008-03647

In the Matter of Eric Espinosa, petitioner-

respondent, v Nicole DeCarlo, respondent,

Adoption Services, Inc., appellant.

(Docket No. V-5482/07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Family Court, Dutchess County, entered February 22, 2008, and for a preference in the calendaring of the appeal.

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

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied as unnecessary (see CPLR 5521); and it is further,

ORDERED that the motion is otherwise denied.

FISHER, J.P., LIFSON, CARNI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court