Doscher v Doscher
Motion No: 2008-10877
Slip Opinion No: 2009 NYSlipOp 63084(U)
Decided on February 6, 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

M82198

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2008-10877

Susan Doscher, respondent-appellant,

v Jude Drew Doscher, appellant-respondent.

(Index No. 201489/03)

DECISION & ORDER ON MOTION

Motion by Jude Drew Doscher for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated November 20, 2008, and 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; and it is further,

ORDERED that on the court's own motion, the appeal and cross appeal purportedly taken as of right are dismissed, without costs or disbursements; 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 as academic.

RIVERA, J.P., SPOLZINO, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court