Cervera v Bressler
Motion No: 2008-08653
Slip Opinion No: 2008 NYSlipOp 86446(U)
Decided on October 16, 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

M77133

E/sl

ROBERT A. SPOLZINO, J.P.

ROBERT A. LIFSON

ANITA R. FLORIO

THOMAS A. DICKERSON, JJ.

2008-08653

Frank Cervera, plaintiff,

v Rossanna Bressler, defendant.

(Index No. 97-08683)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Westchester County, dated September 8, 2008, and, inter alia, to transfer custody of the subject child to him, 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 the motion is otherwise denied as academic.

SPOLZINO, J.P., LIFSON, FLORIO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court