Matter of Penn v Perez-Penn
Motion No: 2010-03542
Slip Opinion No: 2010 NY Slip Op 70857(U)
Decided on May 7, 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

M102489

E/sl

REINALDO E. RIVERA, J.P.

STEVEN W. FISHER

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2010-03542

In the Matter of Derrick Penn, petitioner,

v Brittany Perez-Penn, respondents.

(Docket No. V-28/10)

DECISION & ORDER ON MOTION

Motion by Derrick Penn for leave to appeal to this court from an order of the Supreme Court, Kings County (IDV Part), dated February 8, 2010, and to stay enforcement of the order 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 branch of the motion which is for leave to appeal is denied without prejudice to making a motion in Supreme Court, Kings County, to vacate the order dated February 8, 2010; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated February 8, 2010, is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court