Matter of Spooner-Boyke v Charles
Motion No: 2013-08129
Slip Opinion No: 2013 NY Slip Op 84083(U)
Decided on September 3, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M161630

S/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2013-08129, 2013-08130

In the Matter of Cristofer A. Spooner-Boyke,

petitioner, v Analeah Charles, respondent.

(Docket Nos. V-07707-07, V-10241-07)

DECISION & ORDER ON MOTION

Motion by the Analeah Charles for leave to appeal to this court from a decision and an order of the Family Court, Queens County, both dated August 15, 2013, and to stay all proceedings in the above-entitled matters pending hearing and determination of an appeal from a order of the same court dated January 23, 2013, pending under Appellate Division Docket No. 2013- 04250.

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 decision is denied as no appeal lies from a decision (see Schicchi v J. A. Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the order is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

SKELOS, J.P., BALKIN, DICKERSON and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court