| Matter of Shternfeld v McKenna |
| Motion No: 2008-10203 |
| Slip Opinion No: 2008 NYSlipOp 90406(U) |
| Decided on November 28, 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
M79086
E/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
EDWARD D. CARNI
CHERYL E. CHAMBERS, JJ.
|
2008-10203 In the Matter of Greta Shternfeld, appellant, Brian David McKenna, respondent. (Docket No. V-17263/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Family Court, Kings County, dated October 24, 2008, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from nonfinal order in a proceeding pursuant to Family Court Article 6, part 3 (see CPLR 5521[b]; Family Ct Act § 1112); and it is further,
ORDERED that the motion is denied as academic.
FISHER, J.P., FLORIO, CARNI and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court