| Matter of B. (Anonymous) v D. (Anonymous) |
| Motion No: 2008-11062 |
| Slip Opinion No: 2009 NYSlipOp 62592(U) |
| Decided on February 2, 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. |
Appellate Division: Second Judicial Department
M81995
E/sl
REINALDO E. RIVERA, J.P.
JOSEPH COVELLO
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2008-11062 In the Matter of Pierre B. (Anonymous), respondent, v Tscherina D. (Anonymous), appellant. (Docket No. P-11367-08)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this court dated December 16, 2008, which dismissed an appeal from an order of the Family Court, Kings County, dated October 15, 2008, for leave to appeal from the order dated October 15, 2008, and to stay enforcement of the order dated October 15, 2008, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branches of the motion which are, in effect, to recall and vacate the decision and order on motion dated December 16, 2008, and for leave to appeal from the order dated October 15, 2008, are denied; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order dated October 15, 2008, is denied as academic.
RIVERA, J.P., COVELLO, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court