Bluth v Bluth
Motion No: 2011-03797
Slip Opinion No: 2011 NY Slip Op 72736(U)
Decided on May 12, 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

M120043

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2011-03797, 2011-03798

Ellen Bluth, respondent,

v Harvey Bluth, appellant.

(Index No. 13623/05)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Queens County, dated February 28, 2011, and to stay enforcement of that order as well as an order of the same court dated April 19, 2011, and to stay all proceedings in the above-entitled action, pending hearing and determination of appeals from the orders.

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 from the order dated February 28, 2011 (Appellate Division Docket No. 2011-03797), is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the orders and to stay all proceedings is denied.

ANGIOLILLO, J.P., FLORIO, BELEN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court