| Matter of Muja v Perkins |
| Motion No: 2010-08544 |
| Slip Opinion No: 2010 NY Slip Op 83493(U) |
| Decided on September 27, 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. |
Appellate Division: Second Judicial Department
M108863
E/sl
A. GAIL PRUDENTI, P.J.
DANIEL D. ANGIOLILLO
ARIEL E. BELEN
SANDRA L. SGROI, JJ.
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2010-08544, 2010-08546 In the Matter of Sahit Muja, respondent, v Elizabeth Perkins, appellant. (Proceeding No. 1) In the Matter of Elizabeth Perkins, appellant, v Sahit Ali Muja, respondent. (Proceeding No. 2) (Docket Nos. V-9504/10, V-9505/10, V-9506/10, V-9507/10)
| DECISION & ORDER ON MOTION |
Motion by Elizabeth Perkins for leave to appeal to this Court, if necessary, from two orders of the Family Court, Westchester County, dated September 3, 2010, and September 7, 2010, respectively, and to stay enforcement of the order dated September 3, 2010, and reinstate an order of the same court dated August 4, 2010, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this court from the order dated September 3, 2010 (Appellate Division Docket No. 2010-08544), is denied, and, on the court's own motion, the appeal purportedly taken as of right from that order is dismissed, without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is for leave to appeal to this court from the order dated September 7, 2010 (Appellate Division Docket No. 2010-08546), is granted; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order dated September 3, 2010, and reinstate the order dated August 4, 2010, is granted to the extent that enforcement of the order dated September 3, 2010, is stayed and the provisions of the order dated August 4, 2010, shall remain in effect pending hearing and determination of the appeal from the order dated September 7, 2010, or pending a determination by the Family Court, Westchester County, of the motion that was brought on by the order dated September 7, 2010, whichever occurs first.
PRUDENTI, P.J., ANGIOLILLO, BELEN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court