| Matter of Batista v Fiore |
| Motion No: 2008-07473 |
| Slip Opinion No: 2008 NYSlipOp 81592(U) |
| Decided on September 2, 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
M75135
E/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
WILLIAM E. McCARTHY
THOMAS A. DICKERSON, JJ.
|
2008-07473 In the Matter of Nancy Rumbo Batista, petitioner, v Anthony Fiore, respondent. (Docket No. O-16069/07)
| DECISION & ORDER ON MOTION |
Motion by Anthony Fiore for leave to appeal to this court from an order of the Family Court, Westchester County, dated August 8, 2008, and to stay enforcement of the order pending hearing and determination 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 branch of the motion which is to stay enforcement of the order dated August 8, 2008, is denied as academic.
RITTER, J.P., SANTUCCI, McCARTHY and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court