McMahan v McMahan
Motion No: 2007-05059
Slip Opinion No: 2007 NYSlipOp 71715(U)
Decided on June 18, 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

M56070

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2007-05059

David Bruce McMahan, respondent,

v Elena McMahan, appellant.

(Index No. 05-399)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to this court from an order of the Supreme Court, Westchester County, dated March 13, 2007, and to stay enforcement of so much of the order as enjoined her from relocating with the children to "the Little Odessa' neighborhood of Brooklyn."

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 without prejudice to seeking relief in the Supreme Court, Westchester County; and it is further,

ORDERED that the motion is otherwise denied as academic.

PRUDENTI, P.J., MASTRO, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court