Appellate Division: Second Judicial Department

M111135

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2010-10554, 2010-10555 Yasmine Gahlod, respondent, v Sudesh Gahlod, appellant. (Index No. 06-591)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, dated July 27, 2009 (Appellate Division Docket No. 2010-10555), and a judgment of the same court dated February 19, 2010 (Appellate Division Docket No. 2010-10554), inter alia, to stay enforcement of the order and direct his release from incarceration, pending hearing and determination of the appeals, and for poor person relief and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the appeal from the order dated July 27, 2009, pending under Appellate Division Docket Number 2010-10555, is dismissed, without costs or disbursements, as duplicative of the appeal from the same order filed under Appellate Division Docket Number 2009-07866, which was dismissed by a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - April 2010 Calendar," dated April 19, 2010.

RIVERA, J.P., DICKERSON, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court