Cotton v Cotton
Motion No: 2010-08929
Slip Opinion No: 2010 NY Slip Op 85833(U)
Decided on October 22, 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

M110050

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2010-08929

David G. Cotton, respondent,

v Janet H. Cotton, appellant.

(Index No. 18447/94)

DECISION & ORDER ON MOTION

Motion by Janet H. Cotton for leave to appeal to this court from stated portions of an order of the Supreme Court, Queens County, dated August 3, 2010, and to stay enforcement of so much of the order as directed a hearing, 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 branches of the motion which are for leave to appeal from so much of the order as denied those branches of her motion which were for an attorney's fee and for leave to conduct third-party depositions are denied as unnecessary as those portions of the order are appealable as of right (see CPLR 5701), and the motion papers are deemed to be a notice of appeal from those portions of the order; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., ANGIOLILLO, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court