In the Matter of Scott D. Liparipetitioner V Stephanie B. Tuomey.



In the Matter of Scott D. Liparipetitioner V Stephanie B. Tuomey.
Motion No: 503210
Slip Opinion No: 2007 NYSlipOp 81415(U)
Decided on October 18, 2007
Appellate Division, Third 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.



Decided and Entered: October 18, 2007

Case # 503210


In the Matter of SCOTT D.
LIPARI,

Petitioner,

v
STEPHANIE B.
TUOMEY,

Respondent.


DECISION AND ORDER
ON MOTION

Motion for order, pursuant to CPLR 5704, to vacate or modify order to show cause.

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

ORDERED that the motion is denied, without costs, and without prejudice to renewal in the event Family Court fails to issue a written custody order, temporary or final, based on the proceeding for modification of custody brought on by ex parte order to show cause dated June 5, 2007, on or before November 19, 2007.
CARDONA, P.J., CREW III, SPAIN, MUGGLIN and ROSE, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court