DeBlock v DeBlock
Motion No: 2018-13516
Slip Opinion No: 2018 NY Slip Op 91089(U)
Decided on December 14, 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

M258275

E/afa

JOHN M. LEVENTHAL, J.P.

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2018-13516, 2018-13517

Jacob DeBlock, respondent,

v Mariann DeBlock, appellant.

(Index No. 3399/17)

DECISION & ORDER ON MOTION

Motion by Mariann DeBlock, inter alia, for leave to appeal to this Court from two orders of the Supreme Court, Orange County, dated October 16, 2018, and November 1, 2018, respectively, to stay enforcement of the order dated October 16, 2018, and reinstate the prior access schedule with the subject child, pending hearing and determination of the appeals.

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 order dated October 16, 2018, is denied as unnecessary as that order is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the order dated November 1, 2018, is denied; and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right from the order dated November 1, 2018, is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied.

LASALLE, J.P., DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court