Matter of Jablon v Fallon
Motion No: 2011-00588
Slip Opinion No: 2011 NY Slip Op 65568(U)
Decided on March 2, 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

M116357

E/sl

JOSEPH COVELLO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2011-00588

In the Matter of Stephen Jablon, respondent,

v Assumpta Fallon, appellant.

(Docket No. V-10878/10)

DECISION & ORDER ON MOTION

Motion by Assumpta Fallon for leave to appeal to this Court from a transcript of the Family Court, Westchester County, dated September 1, 2010, and to stay all proceedings in the above-entitled matter, 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 on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements, as no appeal lies from a transcript (see Family Court Act § 1112; Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled matter is denied as academic.

COVELLO, J.P., DICKERSON, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court