Matter of Olivieri v Olivieri
Motion No: 2018-03686
Slip Opinion No: 2018 NY Slip Op 72484(U)
Decided on May 15, 2018
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

M250111

E/afa

ALAN D. SCHEINKMAN, P.J.

REINALDO E. RIVERA

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2018-03686

In the Matter of Stephen Olivieri, respondent,

v Lauren Olivieri, appellant.

(Docket No. V-3403-16, V-3404-16,

V-34690-17, V-34691-17)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated March 13, 2018, to stay enforcement of the order, pending hearing and determination of the appeal, and for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the order is appealable as of right (see Family Ct Act § 1112); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated March 13, 2018, is granted, and enforcement of the order is stayed pending hearing and determination of the appeal ; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied.

SCHEINKMAN, P.J., RIVERA, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court