Matter of Diaz v Rosario
Motion No: 2010-05354
Slip Opinion No: 2010 NY Slip Op 75411(U)
Decided on June 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

M104836

E/sl

JOSEPH COVELLO, J.P.

HOWARD MILLER

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2010-05354

In the Matter of Jesus Diaz, petitioner,

v Helen Marie Rosario, respondent.

(Docket No. V-9710/09)

DECISION & ORDER ON MOTION

Motion by Jesus Diaz for leave to appeal to this court from an order of the Family Court, Kings County, dated June 7, 2010, to stay enforcement of the order pending hearing and determination of the appeal, and for poor person relief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

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

ORDERED that the branches of the motion which are to stay enforcement of the order dated June 7, 2010, and for poor person relief are denied as academic.

COVELLO, J.P., MILLER, LOTT and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court