Matter of Moore v Cabrera
Motion No: 2013-11296
Slip Opinion No: 2014 NY Slip Op 60325(U)
Decided on January 8, 2014
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

M167915

E/ct

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2013-11296

In the Matter of Nuria Moore, petitioner,

v Alberto J. Cabrera, et al., respondents-respondents;

Elijah Alberto Cabrera, nonparty-appellant.

(Docket Nos. V-16813-11/13A, V-16813-11/13B,

V-16813-11/13C)

DECISION & ORDER ON MOTION

Motion by Elijah Alberto Cabrera for leave to appeal to this Court from an order of the Family Court, Westchester County, dated December 18, 2013, and, inter alia, to allow the petitioner to take the subject child to the State of Florida.

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.

SKELOS, J.P., DICKERSON, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court