Francis v Raab-Francis
Motion No: 2010-08067
Slip Opinion No: 2010 NY Slip Op 81169(U)
Decided on September 1, 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

M107859

E/ct

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2010-08067

Arthur Francis, appellant,

v Michelle Raab-Francis, respondent.

(Index No. 44858/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of two orders of the Supreme Court, Suffolk County, both dated August 18, 2010, including so much of the orders as directed his incarceration and to direct that he be released from incarceration, pending hearing and determination of appeals from the orders, and to vacate or reduce his child support obligation.

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

ORDERED that the branches of the motion which are to stay enforcement of the orders, including so much of the orders as directed the appellant's incarceration, pending hearing and determination of the appeals and to direct that the appellant be released from incarceration, are denied as academic; and it is further,

ORDERED that the branch of the motion which is to vacate or reduce the appellant's child support obligation is denied.

ANGIOLILLO, J.P., DICKERSON, ENG, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court