Matter of Rios v Schlesinger
Motion No: 2009-08292
Slip Opinion No: 2009 NY Slip Op 84077(U)
Decided on September 24, 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

M92355

E/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2009-08292

In the Matter of Daniel Rios, petitioner,

v Elibby Schlesinger, respondent.

(Docekt Nos. V-6544/09, V-25391/08)

DECISION & ORDER ON MOTION

Motion by Elibby Schlesinger for leave to appeal to this court from an order of the Family Court, Kings County, dated September 2, 2009, and to stay enforcement of the order pending hearing and determination of the appeal and for poor person relief.

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 on the court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,

ORDERED that the branches of the motion which are to stay enforcement of the order pending hearing and determination of the appeal and for poor person relief are denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court