Javino v Javino
Motion No: 2014-00151
Slip Opinion No: 2014 NY Slip Op 62743(U)
Decided on February 3, 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

M169095

E/ct

RANDALL T. ENG, P.J.

RUTH C. BALKIN

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2014-00151

Dale Robert Javino, appellant,

v Colleen Elizabeth Javino, respondent.

(Index No. 34925/08)

DECISION & ORDER ON MOTION

Motion by Dale Robert Javino for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated December 16, 2013, and, inter alia, in effect, 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 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.

ENG, P.J., BALKIN, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court