Matter of Pender v Davidson
Motion No: 2009-01714
Slip Opinion No: 2009 NYSlipOp 67956(U)
Decided on March 30, 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

M84479

E/sl

ROBERT A. SPOLZINO, J.P.

MARK C. DILLON

ANITA R. FLORIO

ARIEL E. BELEN, JJ.

2009-01714

In the Matter of Juvondi R. Pender, petitioner,

v Judy Davidson, respondent.

(Docket No. F-5498/07)

DECISION & ORDER ON MOTION

Motion by Juvondi R. Pender for leave to appeal to this court from an order of the Family Court, Queens County, dated January 23, 2009, and, inter alia, "to stay the agency [from] withholding from [his] disability" benefits, 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 branch of the motion which is for leave to appeal is denied as an order of a support magistrate is not appealable until after objections are reviewed by a Judge of the Family Court, Queens County (see Family Ct Act § 439[e]); and it is further,

ORDERED that the motion is otherwise denied as academic.

SPOLZINO, J.P., DILLON, FLORIO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court