Appellate Division: Second Judicial Department

M112819

E/ct

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2010-11127 In the Matter of Randy Schleger, respondent, v Alexandra Stebelsky, appellant. (Proceeding No. 1) In the Matter of Alexandra Stebelsky, appellant, v Randy Schleger, respondent. (Proceeding No. 2) (Docket Nos. V-3786/06, V-4073/06)

DECISION & ORDER ON MOTION

Motion by Alexandra Stebelsky for leave to appeal to this Court from an order of the Family Court, Nassau County, dated October 14, 2010, and to stay enforcement of so much of the order as permits the respondent to have overnight and consecutive day-to-day visitation, pending hearing and determination of the appeal. Cross motion by the respondent to "allow the . . . order dated October 5, 2010 . . . to stand [and] to allow [him] to have his visitation for December and January."

Upon the papers filed in support of the motion and the cross 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 motion is otherwise denied as academic; and it is further,

ORDERED that the cross motion is denied as academic.

SKELOS, J.P., DICKERSON, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court