McMahan v McMahan
Motion No: 2007-08058
Slip Opinion No: 2007 NYSlipOp 80654(U)
Decided on October 15, 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

M61051

E/sl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

MARK C. DILLON

EDWARD D. CARNI, JJ.

2007-08058

David Bruce McMahan, respondent,

v Elena McMahan, appellant.

(Index No. 05-399)

DECISION & ORDER ON MOTION

Motion by Elena McMahan on an appeal from an order of the Supreme Court, Westchester County, dated August 15, 2007, for leave to appeal to this court from so much of the order as directed a hearing to determine David Bruce McMahan's motion for custody of the subject children and for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

PRUDENTI, P.J., FISHER, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court