Newkirk v Newkirk
Motion No: 2021-00053
Slip Opinion No: 2021 NY Slip Op 61261(U)
Decided on February 5, 2021
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

M275423

E/sl

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2021-00053

Rebecca Newkirk, plaintiff,

v James Newkirk, respondent;

Regina Felton, etc., nonparty-appellant.

(Index No. 50751/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated December 1, 2020. Motion by Regina Felton for leave to appeal to this Court from the order and 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 as unnecessary as the order dated December 1, 2020, is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., MILLER, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court