Matter of Birkett v Chaudhri
Motion No: 2010-02694
Slip Opinion No: 2010 NY Slip Op 67631(U)
Decided on April 6, 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

M100904

E/sl

HOWARD MILLER, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2010-02694

In the Matter of Raelene Birkett, respondent,

v Kamran Chaudhri, appellant.

(Docket No. V-37708/09)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Family Court, Kings County, dated February 24, 2010.

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 and leave to appeal has not been granted (see Family Ct Act § 1112); and it is further,

ORDERED that the motion is denied as academic.

MILLER, J.P., LEVENTHAL, CHAMBERS and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court