Matter of Krymko v Krymko
Motion No: 2011-06566
Slip Opinion No: 2011 NY Slip Op 80375(U)
Decided on August 8, 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

M124121

S/sl

THOMAS A. DICKERSON, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-06566

In the Matter of Eugene Krymko, appellant,

v Tamara Krymko, respondent.

(Docket Nos. V-01461-05, V-01476-05)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this Court from an order of the Family Court, Queens County, dated July 12, 2011, and to stay enforcement of the order 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 the motion is otherwise denied as academic; and it is further,

ORDERED that the appeal purportedly taken as of right is dismissed, without costs or disbursements, as the order is not appealable as of right (see Family Ct Act § 1112).

DICKERSON, J.P., LOTT, AUSTIN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court