Matter of Birkett v Chaudhri
Motion No: 2010-02694
Slip Opinion No: 2010 NY Slip Op 69498(U)
Decided on April 26, 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

M101867

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, inter alia, to recall and vacate a decision and order on motion of this court dated April 6, 2010, which dismissed an appeal from an order of the Family Court, Kings County, dated February 24, 2010, for leave to appeal to this court from the order dated February 24, 2010, and to stay all proceedings in the above-entitled action 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 branches of the motion which are to recall and vacate the decision and order on motion dated April 6, 2010, and for leave to appeal are denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court