Matter of Smithie v Smithie
Motion No: 2008-06034
Slip Opinion No: 2008 NYSlipOp 79885(U)
Decided on August 12, 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

M74374

E/sl

ROBERT A. LIFSON, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2008-06034

In the Matter of Kristen Smithie, petitioner,

v Antony Smithie, respondent.

(Docket No. O-12806/07)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this court from an order of the Family Court, Nassau County, dated May 29, 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 thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

LIFSON, J.P., FLORIO, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court