| Matter of O. (Anonymous) v M. (Anonymous) |
| Motion No: 2011-00058 |
| Slip Opinion No: 2011 NY Slip Op 74169(U) |
| Decided on May 27, 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. |
Appellate Division: Second Judicial Department
M120771
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
SANDRA L. SGROI, JJ.
|
2011-00058, 2011-02230, 2011-04203 In the Matter of Kimberly M. O. (Anonymous), respondent, v Todd R. M. (Anonymous), appellant. (Docket Nos. P-4297/08, F-4297/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this Court from three orders of the Family Court, Dutchess County, dated November 15, 2010, March 4, 2011, and April 21, 2011, respectively, to stay enforcement of the orders pending hearing and determination of the appeals, and to consolidate the appeals.
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 from the order dated November 15, 2010 (Appellate Division Docket No. 2011-00058), 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 November 15, 2010 is dismissed, without costs or disbursements; and it is further,
ORDERED that the branches of the motion which are for leave to appeal from the orders dated March 4, 2011, and April 21, 2011, respectively, are denied as unnecessary, as those orders are appealable as of right (see Family Ct Act § 439[e]); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the orders is denied; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary with respect to the appeals from the orders dated March 4, 2011, and April 21, 2011, respectively, as those appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]), and is otherwise denied as academic; and it is further,
ORDERED that on the Court's own motion, the appellant's time to perfect the appeals from the orders dated March 4, 2011, and April 21, 2011, respectively, by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on those appeals is enlarged to June 27, 2011.
DILLON, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court