Matter of Johnson v Bennett
Motion No: 2010-09011
Slip Opinion No: 2010 NY Slip Op 85112(U)
Decided on October 15, 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

M109563

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2010-09011

In the Matter of Joseph Johnson, respondent,

v Denise Bennett, appellant.

(Docket Nos. V-32264/09, V-36108/09)

DECISION & ORDER ON MOTION

Motion by Denise Bennett for leave to appeal to this court from an order of the Family Court, Kings County, dated August 11, 2010, and to stay enforcement of the order pending hearing and determination of the appeal.

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 on the court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated August 11, 2010, is denied as academic.

BALKIN, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court