Varanelli v Varanelli
Motion No: 2006-05441
Slip Opinion No: 2006 NYSlipOp 70475(U)
Decided on June 16, 2006
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

M40993

C/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2006-05441

John Varanelli, et al., plaintiffs, v

John Varanelli, defendant.

(Index No. 22517-05)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to this court from a temporary restraining order contained in an order to show cause of the Supreme Court, Suffolk County, dated April 19, 2006, and to stay the enforcement of the temporary restraining order pending hearing and determination of the 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 is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

SCHMIDT, J.P., SANTUCCI, SKELOS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court