| Morocho v Morocho |
| Motion No: 2009-11772 |
| Slip Opinion No: 2010 NY Slip Op 60948(U) |
| Decided on January 14, 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
M97228
E/sl
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
RUTH C. BALKIN
PLUMMER E. LOTT, JJ.
|
2009-11772, 2010-00087 Saida Morocho, respondent, v Jesus Morocho, appellant. (Index No. 1044/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this court from two orders of the Supreme Court, Queens County, dated September 18, 2009, and December 10, 2009, respectively, and to stay enforcement of the orders pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are for leave to appeal from the order dated December 10, 2009 (Appellate Division Docket No. 2010-00087), and to stay enforcement of the orders are denied; and it is further,
ORDERED that on the court's own motion, the appeal purportedly taken as of right from the order dated December 10, 2009 (Appellate Division Docket No. 2010-00087), is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the consent of the appealing party (see CPLR 5511); and it is further,
ORDERED that the branch of the motion which is for leave to appeal from the order dated September 18, 2009 (Appellate Division Docket No. 2009-11772), is denied as unnecessary.
SKELOS, J.P., ANGIOLILLO, BALKIN and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court