Majority
p. 787Charleen Palumbo, Respondent, v Robert Palumbo, Appellant. Submitted January 8, 2005; decided February 17, 2005
Motion for leave to appeal dismissed upon the ground that it does not lie, appellant having previously moved in the Court of Appeals ( 3 NY3d 765 [2004]) from the same Appellate Division order and Supreme Court judgment from which he currently seeks leave to appeal (see Selinger v Selinger, 90 NY2d 842 [1997]). Motion for a stay dismissed as academic.