Rubio v Rubio
Motion No: 2009-08239
Slip Opinion No: 2009 NY Slip Op 82696(U)
Decided on September 10, 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

M91742

E/sl

STEVEN W. FISHER, J.P.

RUTH C. BALKIN

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2009-08239

Henry Rubio, appellant,

v Rosemary Rubio, respondent.

(Index No. 24476/01)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Queens County, dated August 28, 2009, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the appellant shall perfect the appeal on or before October 26, 2009; and it is further,

ORDERED that the respondent and the attorney for the child shall serve and file their respective briefs, if any, on or before November 25, 2009; and it is further,

ORDERED that the appellant shall serve and file a reply brief, if any, on or before December 7, 2009.

FISHER, J.P., BALKIN, HALL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court