| Matter of Hector-David v David |
| Motion No: 2009-01204 |
| Slip Opinion No: 2009 NYSlipOp 64730(U) |
| Decided on February 26, 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
M83036
E/sl
REINALDO E. RIVERA, J.P.
HOWARD MILLER
JOSEPH COVELLO
DANIEL D. ANGIOLILLO, JJ.
|
2009-01204 In the Matter of Leisha Hector-David, appellant, v Dave David, respondent. (Docket No. V-29343-08)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this court from an order of the Family Court, Kings County, dated January 29, 2009, to stay enforcement of the order pending hearing and determination of the appeal, and for poor person relief.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is dismissed for failure to serve the order to show cause dated February 11, 2009; and it is further,
ORDERED that on the court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right (see Family Ct Act § 1112[a]), and we decline to grant leave to appeal.
RIVERA, J.P., MILLER, COVELLO and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court