Matter of Gupta v Gupta
Motion No: 2008-11496
Slip Opinion No: 2009 NYSlipOp 68981(U)
Decided on April 7, 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

M84911

E/cb

PETER B. SKELOS, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2008-11496

In the Matter of Sunaina Gupta, respondent,

v Gorav Gupta, appellant.

(Docket Nos. V-07532-08, V-07533-08)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated January 12, 2009, which dismissed an appeal from an order of the Family Court, Nassau County, dated November 3, 2008, on the ground that the order is not appealable as of right and leave to appeal has not been granted (see Family Ct Act § 1112), and for leave to appeal to this court from the order dated January 12, 2009.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

SKELOS, J.P., FLORIO, LEVENTHAL and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court