Appellate Division: Second Judicial Department

M79820

E/sl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2008-07869 In the Matter of Louise Uccio, petitioner, v Debra Silber, et al., respondents.

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to reargue a proceeding pursuant to CPLR article 78, which was determined by decision, order and judgment of this court dated October 7, 2008. Separate motion by the petitioner, inter alia, to enjoin the respondent Louis Argenziano from leaving the State of New York with the subject children, transfer his property, or withdraw money from his bank accounts, pending hearing and determination of the motion for leave to reargue the proceeding.

Upon the papers filed in support of the motions, the papers filed in opposition to the motion for leave to reargue, and no papers having been filed in opposition or in relation to the motion, inter alia, to enjoin the respondent Louis Argenziano from leaving the State of New York with the subject children, it is

ORDERED that the motion for leave to reargue is denied; and it is further,

ORDERED that the motion, inter alia, to enjoin the respondent Louis Argenziano from leaving the State of New York with the subject children is denied as academic.

SKELOS, J.P., FISHER, DICKERSON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court