Mitchell v Wint-Mitchell
Motion No: 2007-10881
Slip Opinion No: 2008 NYSlipOp 60755(U)
Decided on January 10, 2008
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

M64715

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2007-10881

Winston Mitchell, appellant,

v Marlene Wint-Mitchell, respondent.

(Index No. 12714/07)

DECISION & ORDER ON MOTION

Motion by the appellant to be awarded exclusive use and occupancy of the marital residence pending hearing and determination of an appeal from a judgment of the Supreme Court, Kings County, entered October 15, 2007.

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

ORDERED that the motion is denied.

RIVERA, J.P., SANTUCCI, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court