Matter of Turner v Simpson
Motion No: 2010-10996
Slip Opinion No: 2010 NY Slip Op 90540(U)
Decided on December 13, 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

M112569

E/sl

ANITA R. FLORIO, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2010-10996

In the Matter of Deon Turner, petitioner,

v Lacole Simpson, respondent.

(Docket Nos. V-29026/09, V-30700/10)

DECISION & ORDER ON MOTION

Motion by Deon Turner for leave to appeal to this Court from an order of the Family Court, Kings County, dated November 15, 2010, and to stay enforcement of the order and restore care and physical custody of the subject child to him, 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 the branch of the motion which is to stay enforcement of the order dated November 15, 2010, and restore care and physical custody of the subject child to the movant is denied as academic.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court