| O'Brien v O'Brien |
| Motion No: 2008-06533 |
| Slip Opinion No: 2008 NYSlipOp 79478(U) |
| Decided on August 6, 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. |
Appellate Division: Second Judicial Department
M74105
E/cb
PETER B. SKELOS, J.P.
STEVEN W. FISHER
MARK C. DILLON
CHERYL E. CHAMBERS, JJ.
|
2008-06533 Patricia O'Brien, plaintiff, v Thomas O'Brien, defendant. (Index No. 18942/05)
| 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 June 10, 2008, and, inter alia, 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 no papers having been filed in opposition or 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 on the court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
SKELOS, J.P., FISHER, DILLON and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court