| Matter of Gregory v Chimienti |
| Motion No: 2009-11582 |
| Slip Opinion No: 2010 NY Slip Op 62483(U) |
| Decided on February 2, 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
M98079
S/sl
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
RUTH C. BALKIN
PLUMMER E. LOTT, JJ.
|
2009-11582 In the Matter of Douglas S. Gregory, respondent, v Sherry Chimienti, appellant. (Docket Nos. F-20243/08, F-20244/08)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated January 13, 2010, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant to stay all proceedings in the above-entitled matter pending hearing and determination of an appeal from an order of the Family Court, Suffolk County, December 11, 2009.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements (see Family Ct Act §§ 439[a], 1112[a]); and it is further,
ORDERED that the motion is denied as academic.
SKELOS, J.P., ANGIOLILLO, BALKIN and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court