Pesante v Pesante
Motion No: 2010-05442
Slip Opinion No: 2010 NY Slip Op 83235(U)
Decided on September 23, 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

M108688

E/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2010-05442, 2010-05443, 2010-05444

Una Pesante, appellant,

v Jose Pesante, respondent.

(Index No. 4893/00)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from a judgment of the Supreme Court, Orange County, dated August 21, 2002 (Appellate Division Docket No. 2010-05442), an amended domestic relations order of the same court dated April 16, 2010 (Appellate Division Docket No. 2010-05443), and an order of the same court also dated April 16, 2010 (Appellate Division Docket No. 2010-05444), to stay enforcement of the amended qualified domestic relations order dated April 16, 2010, pending hearing and determination of the appeals, and, inter alia, for leave to perfect the appeal from the judgment without obtaining the transcripts of the trial.

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

ORDERED that on the court's own motion, the notice of appeal is deemed to be an application for leave to appeal from the amended qualified domestic relations order dated April 16, 2010, and leave to appeal is granted; and it is further,

ORDERED that the motion is denied.

MASTRO, J.P., DICKERSON, ENG and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court