Baron, a/k/a Suissa v Suissa
Motion No: 2008-08726
Slip Opinion No: 2008 NYSlipOp 85428(U)
Decided on October 9, 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

M77033

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

EDWARD D. CARNI, JJ.

2008-08726, 2008-08727

Marcy R. Baron, a/k/a Marcy R. Suissa, plaintiff,

v Ronald Suissa, defendant.

(Index No. 25926-08)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to this court from two orders of the Supreme Court, Suffolk County, dated August 13, 2008, and September 15, 2008, respectively, and to stay enforcement of the orders, or, in the alternative, to direct the plaintiff to post an undertaking, 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, without prejudice to making a motion to vacate the orders dated August 13, 2008, and September 15, 2008, in the Supreme Court, Suffolk County, and to take an appeal from the determination of the motion to vacate in the event that the motion is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

SPOLZINO, J.P., RITTER, SANTUCCI and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court