Matter of Nicastri v Atherton
Motion No: 2006-11075 +1
Slip Opinion No: 2006 NYSlipOp 81873(U)
Decided on December 13, 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

M48271

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

JOSEPH COVELLO

DANIEL D. ANGIOLILLO, JJ.

2006-11075, 2006-11076

In the Matter of Tara-Lynn Nicastri, petitioner,

v Scott M. Atherton, respondent.

(Docket No. V-1088-01/06A)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to appeal to this court from two orders of the Family Court, Suffolk County, dated October 27, 2006, and November 8, 2006, respectively, and to stay enforcement of the orders pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and no papers having been 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.

RIVERA, J.P., SPOLZINO, COVELLO and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court