Fassler v Fassler
Motion No: 2008-10743
Slip Opinion No: 2009 NYSlipOp 61979(U)
Decided on January 27, 2009
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

M81717

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2008-10743

Andre Fassler, appellant,

v Stephanie Fassler, respondent.

(Index No. 38637-08)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated November 12, 2008, and to stay enforcement of the order 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 as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order is denied.

FISHER, J.P., DILLON, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court