| D'Olivio v D'Olivio |
| Motion No: 2007-09071 |
| Slip Opinion No: 2007 NYSlipOp 81690(U) |
| Decided on October 23, 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. |
Appellate Division: Second Judicial Department
M61413
E/sl
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
STEVEN W. FISHER
WILLIAM E. McCARTHY, JJ.
|
2007-09071 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 September 27, 2007, and, inter alia, to enjoin the sale of the subject property and to stay the trial in the above-entitled action, 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., SKELOS, FISHER and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court