Prokop v Prokop
Motion No: 2009-03206
Slip Opinion No: 2009 NY Slip Op 71840(U)
Decided on May 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

M86308

E/cb

ANITA R. FLORIO, J.P.

JOSEPH COVELLO

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2009-03206, 2009-04220

Joseph Prokop, plaintiff,

v Josephine Prokop, defendant.

(Index No. 18497/07)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from two orders of the Supreme Court, Suffolk County, dated July 18, 2008, and March 3, 2009, respectively, and to stay all proceedings in the above-entitled action pending hearing and determination of the appeals.

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 without prejudice to the plaintiff making a motion in Supreme Court, Suffolk County, to vacate the orders dated July 18, 2008 and March 3, 2009, respectively; and it is further,

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

FLORIO, J.P., COVELLO, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court