Appellate Division: Second Judicial Department

M116841

E/sl

JOSEPH COVELLO, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2011-01715, 2011-01285 Anthony Terranova, appellant, v Kimberly Terranova, respondent. (Appeal No. 1) Anthony Terranova, respondent, v Kimberly Terranova, appellant. (Appeal No. 2) (Index No. 08-16007)

DECISION & ORDER ON MOTION

Motion by Anthony Terranova on appeals from an amended judgment of the Supreme Court, Westchester County, entered January 5, 2011, and an order of the same court, entered January 24, 2011, to stay enforcement of the order pending hearing and determination of the appeals. Separate motion by Kimberly Terranova for leave to prosecute the appeal from the amended judgment as a poor person, and for the assignment of counsel. Application by Kimberly Terranova to withdraw the appeal from the amended judgment.

Upon the papers filed in support of the motions and the application, the papers filed in opposition to the motions, and no papers having been filed in opposition or in relation to the application, it is

ORDERED that the application is granted, and the appeal from the amended judgment (Appellate Division Docket No. 2011-01285) is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion by Anthony Terranova to stay enforcement of the order is denied; and it is further,

ORDERED that the motion by Kimberly Terranova for leave to prosecute the appeal from the amended judgment as a poor person, and for the assignment of counsel is denied as academic.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court