Gregorio v Gregorio
Motion No: 2010-04428
Slip Opinion No: 2010 NY Slip Op 72385(U)
Decided on May 25, 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

M103389

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2010-04428

Gerald Gregorio, appellant,

v Josephine Gregorio, respondent.

(Index No. 51032/09)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Richmond County, dated April 28, 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 the papers filed in opposition and in relation thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that on the court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order is denied as academic.

RIVERA, J.P., BALKIN, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court