D'Olivio v D'Olivio
Motion No: 2007-03833
Slip Opinion No: 2007 NYSlipOp 69325(U)
Decided on May 11, 2007
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

M54565

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

ANITA R. FLORIO

DANIEL D. ANGIOLILLO, JJ.

2007-03833

Michael D'Olivio, plaintiff,

v Brigetta D'Olivio, defendant.

(Index No. 496/07)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to this court from an order of the Supreme Court, Dutchess County, dated April 26, 2007, and to stay enforcement of the 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court