Kepley v Kepley
Motion No: 2022-09517
Slip Opinion No: 2023 NY Slip Op 60384(U)
Decided on January 11, 2023
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

M286795

KS/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

WILLIAM G. FORD

HELEN VOUTSINAS, JJ.

2022-09517

Elizabeth Kepley, etc., appellant,

v Peter J. Kepley, respondent.

(Index No. 55083/2019)

DECISION & ORDER ON MOTION

Appeal from an order to show cause of the Supreme Court, Westchester County, dated November 15, 2022. Motion by the appellant, inter alia, for leave to appeal to this Court from the order to show cause and to stay enforcement of a temporary restraining order contained in the order to show cause, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that 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.

BRATHWAITE NELSON, J.P., MALTESE, FORD and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court