Matter of Carbajal v Garcia
Motion No: 2009-03817
Slip Opinion No: 2009 NY Slip Op 72373(U)
Decided on May 13, 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

M86586

E/cb

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2009-03817

In the Matter of Vilma Carbajal, et al., petitioners,

v Ann Garcia, et al., respondents.

(Docket No. V-8206/08)

DECISION & ORDER ON MOTION

Motion by Ann Garcia for leave to appeal to this court from an order of the Family Court, Nassau County, dated March 19, 2009, to stay enforcement of the order pending hearing and determination of the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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 the motion is otherwise denied as academic.

SKELOS, J.P., SANTUCCI, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court