Matter of Gilbert v Whitaker
Motion No: 2023-01828
Slip Opinion No: 2023 NY Slip Op 65008(U)
Decided on April 14, 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

M288432

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

HELEN VOUTSINAS, JJ.

2023-01828, 2023-01829, 2023-01830

In the Matter of Gabrielle Gilbert, respondent,

v Lawrence Whitaker, appellant.

(Docket Nos. O-9848-2022)

DECISION & ORDER ON MOTION

Appeals from three orders of the Family Court, Kings County, two dated January 27, 2023, and one dated January 23, 2023, respectively. Motion by the appellant for leave to appeal to this Court from the orders, to stay all proceedings in the above-entitled matter pending hearing and determination of the appeals, and to vacate the orders.

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 orders dated January 27, 2023, is granted; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the appeal purportedly taken as of right from the order dated January 23, 2023, is dismissed, without costs or disbursements.

CONNOLLY, J.P., MALTESE, WOOTEN and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court