Louzoun v Montalto
Motion No: 2008-09995
Slip Opinion No: 2008 NYSlipOp 91856(U)
Decided on December 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

M79844

E/cb

ROBERT A. SPOLZINO, J.P.

STEVEN W. FISHER

HOWARD MILLER

EDWARD D. CARNI, JJ.

2008-09995

Henriette Louzoun, etc., appellant, v

Joseph Montalto, respondent.

(Index No. 203149/05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of the visitation schedule contained in a judgment of the Supreme Court, Nassau County, entered September 11, 2008, pending hearing and determination of an appeal from the judgment. Cross motion by the respondent to dismiss the appeal on the ground that the appellant failed to timely perfect an appeal from a decision of the same court dated March 5, 2008.

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

ORDERED that the motion and cross motion are denied.

SPOLZINO, J.P., FISHER, MILLER and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court