Matter of Ippolito v Fullerton-Buist
Motion No: 2008-07641
Slip Opinion No: 2008 NYSlipOp 81600(U)
Decided on September 2, 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

M75136

E/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2008-07641, 2008-07668

In the Matter of Richard Ippolito, respondent,

v Dawn Fullerton-Buist, appellant.

(Docket No. V-284/08)

DECISION & ORDER ON MOTION

Motion by Dawn Fullerton-Buist for leave to appeal to this court from two orders of the Family Court, Rockland County, both entered July 31, 2008, to consolidate the appeals, and to vacate the order entered July 31, 2008, awarding temporary custody of the subject child to Richard Ippolito.

Upon the papers filed in support of the motion and the papers filed in opposition and 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 appeals purportedly taken as of right are dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic.

RITTER, J.P., SANTUCCI, McCARTHY and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court