Appellate Division: Second Judicial Department

M101855

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT, JJ.

2010-01584 In the Matter of Jordan Montalvo, respondent, v Maria Katoridis, appellant. (Docket Nos. V-22596-09, V-22862-08)

DECISION & ORDER ON MOTION

Motion by Maria Katoridis, in effect, to recall and vacate a decision and order on motion of this court dated March 16, 2010, which dismissed an appeal from an order of the Family Court, Queens County, dated January 21, 2010, for leave to appeal to this court from the order dated January 21, 2010, and to stay all proceedings in the above-entitled matter and to direct that only supervised visitation occur between the respondent and the subject child, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are to recall and vacate the decision and order on motion dated March 16, 2010, and for leave to appeal from the order dated January 21, 2010, are denied; and it is further,

ORDERED that the branches of the motion which are to stay all proceedings in the above-entitled matter and to direct that only supervised visitation occur between the respondent and the subject child, pending hearing and determination of the appeal, are denied as academic.

RIVERA, J.P., FLORIO, ANGIOLILLO and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court