| Matter of DeSantis v DeVito |
| Motion No: 2010-01239 |
| Slip Opinion No: 2010 NY Slip Op 65126(U) |
| Decided on March 10, 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
M99572
E/sl
WILLIAM F. MASTRO, J.P.
HOWARD MILLER
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2010-01239 In the Matter of Joseph DeSantis, respondent, v Gayle DeVito, appellant. (Docket Nos. O-3690/09, V-3628/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay all proceedings in the above-entitled action in the Family Court, Richmond County, pending hearing and determination of an appeal from an order of the Family Court, Rockland County, dated 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 is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right (see Family Ct Act § 1112), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
MASTRO, J.P., MILLER, AUSTIN and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court