Matter of Drake v Carroll
Motion No: 2008-07161
Slip Opinion No: 2008 NYSlipOp 81256(U)
Decided on August 27, 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

M75069

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2008-07161, 2008-07162

In the Matter of Cathy Drake, petitioner,

v Charon Carroll, respondent.

(Docket Nos. 7758/03, 7759/03, 9600/08,

9601/08)

DECISION & ORDER ON MOTION

Motion by Charon Carroll for leave to appeal to this court from two orders of the Family Court, Kings County, both dated July 28, 2008, to stay enforcement of the orders pending hearing and determination of the appeal, for leave to prosecute the appeals 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 for leave to appeal is denied; and it is further,

ORDERED that the branches of the motion which are to stay enforcement of the orders pending hearing and determination of the appeal, for leave to prosecute the appeals as a poor person, and for the assignment of counsel are denied as academic.

MASTRO, J.P., SKELOS, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court