Matter of Vitiello v Vitiello
Motion No: 2009-00039
Slip Opinion No: 2009 NYSlipOp 62603(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M82004

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2009-00039

In the Matter of Marie Vitiello, respondent,

v Henry Vitiello, appellant.

(Docket No. F-30362/07)

DECISION & ORDER ON MOTION

Motion by Henry Vitiello for leave to appeal to this court from an order of the Family Court, Kings County, dated October 30, 2008, and to stay all proceedings in the above-entitled matter pending hearing and determination 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 (see Family Ct Act § 1112); and it is further,

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled matter is denied.

RIVERA, J.P., COVELLO, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court