| McCarthy v McCarthy |
| Motion No: 2013-03302 |
| Slip Opinion No: 2013 NY Slip Op 72108(U) |
| Decided on April 29, 2013 |
| 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
M155489
E/sl
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2013-03302 Debra McCarthy, plaintiff, v Michael McCarthy, defendant. (Index No. 30520/11)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated February 7, 2013, to stay enforcement of the order, pending hearing and determination of the appeal, for poor person relief, and for the assignment of counsel.
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.
BALKIN, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court