McCarthy v. McCarthy

Full title: Debra McCarthy, plaintiff, v. Michael McCarthy, defendant.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Apr 29, 2013

2013 N.Y. Slip Op. 72108 (N.Y. App. Div. 2013)

Opinion

2013-03302 Index No. 30520/11 M155489

04-29-2013

Debra McCarthy, plaintiff, v. Michael McCarthy, defendant.

RUTH C. BALKIN

, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated February 7, 2013, to stay enforcement of the order, pending hearing and determination of the appeal, for poor person relief, and for the assignment of counsel.

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; and it is further,

ORDERED that on the Court's own motion, 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.

BALKIN, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court