Matter of Haimovici v Haimovici
Motion No: 2008-11713
Slip Opinion No: 2009 NYSlipOp 61386(U)
Decided on January 20, 2009
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

M81283

E/sl

A. GAIL PRUDENTI, P.J.

MARK C. DILLON

JOSEPH COVELLO

JOHN M. LEVENTHAL, JJ.

2008-11713

In the Matter of Lioudmila Haimovici, respondent,

v Gabriel Haimovici, respondent-appellant;

Sandra Stines, nonparty-appellant.

(Proceeding No. 1)

In the Matter of Gabriel Haimovici, petitioner-

appellant, v Lioudmila Haimovici, respondent.

Sandra Stines, nonparty-appellant.

(Proceeding No. 2)

(Docket Nos. V-8699/07, V-8701/07)

DECISION & ORDER ON MOTION

Joint motion by Gabriel Haimovici and Sandra Stines for leave to appeal to this Court from an order of the Family Court, Kings County, dated December 5, 2008, to stay enforcement of the order pending hearing and determination of the appeal, and for a preference in the calendaring 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 as unnecessary as the order is appealable as of right (see Family Ct Act § 1112); and it is further,

ORDERED that the branches of the motion which are to stay enforcement of the order and for a preference in the calendaring of the appeal are denied.

PRUDENTI, P.J., DILLON, COVELLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court