Matter of Smythe v Worley
Motion No: 2009-06774
Slip Opinion No: 2009 NY Slip Op 80477(U)
Decided on August 12, 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

M90722

E/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2009-06774, 2009-06775

In the Matter of Devona Smythe, petitioner,

v Aaron Worley, respondent-respondent;

Alison Hudspeth, nonparty-appellant.

(Docket No. U-15292/06)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant for leave to appeal to this court from a decision of the Family Court, Kings County, dated June 23, 2009, and an order of the same court dated July 14, 2009, and to stay enforcement of the decision and order pending hearing and determination of the appeals.

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

ORDERED that on the court's own motion, the appeal purportedly taken as of right from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Family Ct Act § 1112; Schicchi v J.A. Green Constr. Co.,100 AD2d 509); and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the decision dated June 23, 2009 (Appellate Division Docket No. 2009-06774), is denied as academic; and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the order dated July 14, 2009 (Appellate Division Docket No. 2009-06775), is granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order is granted to the extent that enforcement of the order dated July 14, 2009, is stayed pending hearing and determination of the appeal therefrom on condition that the appeal is perfected on or before September 29, 2009, and that branch of the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 29, 2009, the court, on its own motion, may vacate the stay, or the respondent-respondent may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk of the Court