| Caba v Caba |
| Motion No: 2011-09489 |
| Slip Opinion No: 2011 NY Slip Op 90764(U) |
| Decided on November 25, 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
M129393
E/sl
WILLIAM F. MASTRO, J.P.
L. PRISCILLA HALL
SANDRA L. SGROI
JEFFREY A. COHEN, JJ.
|
2011-09489 Juan Bautista Caba, appellant, v Julissa Calcano De La Cruz Caba, respondent. (Index No. 11-9491)
| DECISION & ORDER ON MOTION |
Motion by Juan Bautista Caba, in effect, for leave to appeal to this Court from an order of the Supreme Court, Westchester County, entered September 13, 2011, and to stay enforcement of stated portions 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 on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
MASTRO, J.P., HALL, SGROI and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court