| Fassler v Fassler |
| Motion No: 2008-06344 |
| Slip Opinion No: 2008 NYSlipOp 79817(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
M74106
E/cb
PETER B. SKELOS, J.P.
STEVEN W. FISHER
MARK C. DILLON
CHERYL E. CHAMBERS, JJ.
|
2008-06344 Andre Fassler, plaintiff, v Stephanie Fassler, defendant. (Index No. 38637/07)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated July 9, 2008, and to stay enforcement of so much of the order as precludes the parties from "engag[ing] in any tape recording in the marital residence" 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 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 branch of the motion which is to stay enforcement of stated portions of the order is denied as academic.
SKELOS, J.P., FISHER, DILLON and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court