Matter of Rosario v Rodriguez
Motion No: 2023-03287
Slip Opinion No: 2023 NY Slip Op 65013(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

M288487

AFA/

COLLEEN D. DUFFY, J.P.

CHERYL E. CHAMBERS

LINDA CHRISTOPHER

BARRY E. WARHIT, JJ.

2023-03287

In the Matter of Antonio Jose Rosario,

respondent, v Evelyn Rodriguez, appellant.

(Docket Nos. V-16794-2021, V-15626-2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Kings County, dated March 28, 2023. Motion by Evelyn Rodriguez, in effect, for leave to appeal to this Court from the order, to stay all proceedings in the above-entitled matter 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 relation thereto, it is

ORDERED that the branch of the motion which is for leave to appeal to this Court 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.

DUFFY, J.P., CHAMBERS, CHRISTOPHER and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court