Appellate Division: Second Judicial Department

M105830

J/ct

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2010-05564 In the Matter of John R. Wakefield, respondent, v Debra M. Wakefield, appellant. (Docket No. F-18071-09)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this Court from an order of the Family Court, Suffolk County, dated May 3, 2010, and to stay enforcement of the order, dated May 3, 2010, as well as an order of the same court dated February 8, 2010, pending hearing and determination of the appeal from the order dated May 3, 2010.

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 from so much of the order dated May 3, 2010, as denied the appellant's objections to the order of the support magistrate dated February 8, 2010, is denied as unnecessary as that portion of the order is appealable as of right (see Family Ct Act §439[e]); and it is further,

ORDERED that the branch of the motion which is for leave to appeal from so much of the order dated May 3, 2010, as remanded the matter to the support magistrate is denied, and the appeal from that part of the order is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the orders dated February 8, 2010, and May 3, 2010, respectively, is denied.

SKELOS, J.P., ANGIOLILLO, LEVENTHAL and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court