Musachio v Musachio
Motion No: 2008-04342
Slip Opinion No: 2008 NYSlipOp 73049(U)
Decided on May 27, 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

M70881

E/sl

PETER B. SKELOS, J.P.

HOWARD MILLER

EDWARD D. CARNI

CHERYL E. CHAMBERS, JJ.

2008-04342

Mark Musachio, plaintiff,

v Annmarie Musachio, defendant.

(Index No. 21672-04)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated May 9, 2008, and, inter alia, to direct that the person supervising the plaintiff's visitation with the children not leave the plaintiff alone with the children at any time, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in relation 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.

SKELOS, J.P., MILLER, CARNI and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court