| Diaz v Diaz |
| Motion No: 2008-11105 |
| Slip Opinion No: 2010 NY Slip Op 64895(U) |
| Decided on March 5, 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
M99477
E/sl
PETER B. SKELOS, J.P.
MARK C. DILLON
DANIEL D. ANGIOLILLO
RANDALL T. ENG
SANDRA L. SGROI, JJ.
|
2008-11105 Tina Marie Diaz, respondent, v Nicola A. Diaz, appellant. (Index No. 201528/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated October 30, 2008, inter alia, to stay enforcement of an order of the Family Court, Nassau County, dated January 22, 2010, pending hearing and determination of the appeal and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied as unnecessary as the appeal has been placed on the submission calendar for March 10, 2010; and it is further,
ORDERED that the motion is otherwise denied.
SKELOS, J.P., DILLON, ANGIOLILLO, ENG and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court