| Matter of State of New York v M. (Anonymous) |
| Motion No: 2009-10468 |
| Slip Opinion No: 2010 NY Slip Op 60416(U) |
| Decided on January 8, 2010 |
| 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
M96996
E/sl
MARK C. DILLON, J.P.
JOSEPH COVELLO
HOWARD MILLER
CHERYL E. CHAMBERS, JJ.
|
2009-10468 In the Matter of the State of New York, appellant, v Carmelo M. (Anonymous), respondent. (Index No. 33533/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this court from an order of the Supreme Court, Kings County, dated October 15, 2009, and to confirm that an automatic stay pursuant to CPLR 5519(a) is in effect with respect to enforcement of the order dated October 15, 2009. Separate motion by the respondent to dismiss the appeal purportedly taken as of right and to vacate the automatic stay.
Upon the papers filed in support of the motions, and the papers filed in opposition thereto, it is
ORDERED that the appellant's motion is granted, leave to appeal is granted, and it is confirmed that an automatic stay pursuant to CPLR 5519(a) is in effect with respect to enforcement of the order dated October 15, 2009; and it is further,
ORDERED that the appellant shall perfect the appeal by serving and filing the record or appendix on the appeal and the appellant's brief on or before February 8, 2009; and it is further,
ORDERED that the respondent's motion is denied.
DILLON, J.P., COVELLO, MILLER and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court