Matter of Zakian v Cahill
Motion No: 2009-06154
Slip Opinion No: 2009 NY Slip Op 78509(U)
Decided on July 20, 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

M89663

S/nl

FRED T. SANTUCCI, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2009-06154

In the Matter of Maureen Zakian, respondent,

v Robert Cahill, appellant.

(Docket No. F-04251-05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the Family Court, Richmond County, in the above-entitled matter pending hearing and determination of an appeal from an order of the same court dated May 29, 2009.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 439[e]; 1112); and it is further,

ORDERED that the motion is denied as academic.

SANTUCCI, J.P., ANGIOLILLO, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court