Raffloer v Raffloer
Motion No: 2010-02587
Slip Opinion No: 2010 NY Slip Op 69015(U)
Decided on April 9, 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

M101139

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2010-02587

Kevin S. Raffloer, appellant,

v Valarie A. Raffloer, respondent.

(Index No. 28333-06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated January 27, 2010, pending hearing and determination of an appeal therefrom.

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 from so much of the order dated January 27, 2010, as referred certain issues raised by the appellant's motion for a hearing is dismissed, without costs or disbursements, on the ground that portion of the order is not appealable as of right (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and we decline to grant leave to appeal; and it is further,

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court