Matter of Hayes v Wingate
Motion No: 2010-01875
Slip Opinion No: 2010 NY Slip Op 65708(U)
Decided on March 16, 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

M99869

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2010-01875

In the Matter of Sean Hayes, petitioner,

v Jakeina Wingate, respondent.

(Docket No. V-9009/08)

DECISION & ORDER ON MOTION

Motion by Jakeina Wingate for leave to appeal to this court from an order of the Family Court, Westchester County, dated February 19, 2010, and, in effect, to stay enforcement of the order, as well as transfer custody of the subject child to her, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to stay enforcement of the order dated February 19, 2009, as well as transfer custody of the subject child to Jakeina Wingate, is denied as academic.

FISHER, J.P., DILLON, DICKERSON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court