Matter of Rodriguez v Vazquez
Motion No: 2008-08284
Slip Opinion No: 2008 NYSlipOp 87091(U)
Decided on October 23, 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

M76334

E/sl

ROBERT A. LIFSON, J.P.

DAVID S. RITTER

HOWARD MILLER

RUTH C. BALKIN, JJ.

2008-08284

In the Matter of Jose F. Rodriguez, respondent,

v Yessenia Vazquez, appellant.

(Docket No. V-12356/07)

DECISION & ORDER ON MOTION

Motion by Yessenia Vazquez to stay enforcement of an order of the Family Court, Nassau County, dated August 18, 2008, pending hearing and determination of the appeal.

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

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies as of right from a nonfinal order in a proceeding pursuant to Family Court article 6, part 3, and we decline to grant leave to appeal (see Family Ct Act § 1112); and it is further,

ORDERED that the motion to stay enforcement of the order is denied as academic.

LIFSON, J.P., RITTER, MILLER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court