Matter of Howell v Catto
Motion No: 2010-00419
Slip Opinion No: 2010 NY Slip Op 62484(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M98096

S/sl

JOSEPH COVELLO, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2010-00419

In the Matter of Gregory Howell, respondent,

v Charlotte Catto, appellant.

(Docket Nos. V-929-09, V-930-09, V-931-09)

DECISION & ORDER ON MOTION

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, Putnam County, dated December 17, 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 is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 1112); and it is further,

ORDERED that the motion is denied as academic.

COVELLO, J.P., MILLER, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court