| Matter of Smisek v DeSantis |
| Motion No: 2023-06423 |
| Slip Opinion No: 2023 NY Slip Op 73484(U) |
| Decided on September 18, 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. |
Appellate Division: Second Judicial Department
M291091
AFA/
VALERIE BRATHWAITE NELSON, J.P.
LARA J. GENOVESI
LILLIAN WAN
JANICE A. TAYLOR, JJ.
|
2023-06423 In the Matter of Aileen T. Smisek, respondent-appell v Michael V. DeSantis, appellant-respondent (Docket Nos. V-10210-2017/2021E, V-10210-2017/2 V-10211-2017/2021E, V-10211-2017/2021F)
| DECISION & ORDER ON MOTION ant, 021F, |
Appeal by Michael V. DeSantis and cross-appeal by Aileen T. Smisek from an order of the Family Court, Nassau County, dated July 3, 2023. Motion by the appellant-respondent, inter alia, for leave to appeal to this Court from the order and to stay enforcement of the order, pending hearing and determination of the appeal and cross-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 to this Court from the order is denied as unnecessary as the order is appealable as of right (see Family Ct Act § 1112); and it is further,
ORDERED that the motion is otherwise denied.
BRATHWAITE NELSON, J.P., GENOVESI, WAN and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court