Matter of Scalia v Redmond-Mercereau
Motion No: 2010-02769
Slip Opinion No: 2010 NY Slip Op 88928(U)
Decided on November 24, 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

M111509

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2010-02769, 2010-07970

In the Matter of John Scalia, et al., petitioners,

v Janet Redmond-Mercereau, respondent-respondent;

Steven Banks, nonparty-appellant.

(Docket Nos. V-5567-08, V-5568-08)

(Appeal No. 1)

In the Matter of Jean Bednarczyk, et al., petitioners,

v Janet Redmond-Mercereau, respondent-respondent;

Steven Banks, nonparty-appellant.

(Docket Nos. V-1769-08, V-1770-08)

(Appeal No. 2)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant, in effect, to recall and vacate two separate decisions and orders on motion of this Court, both dated September 7, 2010, which dismissed appeals from two orders of the Family Court, Richmond County, both dated February 19, 2010, on the ground that the orders were not appealable as of right, for leave to appeal to this Court from the orders, and to consolidate the appeals.

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

ORDERED that the motion is denied.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court