| Kowaleski v Kowaleski |
| Motion No: 2009-10648 |
| Slip Opinion No: 2009 NY Slip Op 90034(U) |
| Decided on December 2, 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. |
Appellate Division: Second Judicial Department
M95321
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
SANDRA L. SGROI, JJ.
|
2009-10648 Denise P. Kowaleski, plaintiff, v Michael J. Kowaleski, respondent; Danielle I. Schwager, etc., nonparty-appellant. (Index No. 22133-09)
| DECISION & ORDER ON MOTION |
Motion by Danielle I. Schwager for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated November 13, 2009, and to stay enforcement of the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation 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 branch of the motion which is to stay enforcement of the order is denied as academic.
SKELOS, J.P., DICKERSON, ENG and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court