Merrick v Merrick
Motion No: 2011-00229
Slip Opinion No: 2011 NY Slip Op 62112(U)
Decided on January 24, 2011
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

M114451

E/sl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-00229

David Merrick, plaintiff,

v Deborah Merrick, defendant.

(Index No. 10-5946)

DECISION & ORDER ON MOTION

Motion by David Merrick for leave to appeal to this Court from an order of the Supreme Court, Orange County, dated December 16, 2010, and, in effect, to stay enforcement of stated portions of the order pending hearing and determination of the appeal and to recuse Justice Elaine Slobod.

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 motion is otherwise denied as academic.

PRUDENTI, P.J., RIVERA, LOTT and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court