| Matter of McGrath v D'Angio |
| Motion No: 2009-00327 |
| Slip Opinion No: 2009 NYSlipOp 62394(U) |
| Decided on January 29, 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. |
Appellate Division: Second Judicial Department
M81831
E/sl
PETER B. SKELOS, J.P.
DAVID S. RITTER
ANITA R. FLORIO
HOWARD MILLER, JJ.
|
2009-00327 In the Matter of John McGrath, appellant, v Cheryl D'Angio, respondent. (Docket Nos. V-15712/04, V-15713/04)
| DECISION & ORDER ON MOTION |
Motion by John McGrath for leave to appeal to this court from an order of the Family Court, Suffolk County, dated December 24, 2008, and, in effect, to stay enforcement of stated portions of the order and to continue Cheryl D'Angio's supervised visitation by Office of Children and Family Psychological Services, P.C., 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 Family Ct Act § 1112); and it is further,
ORDERED that the branch of the motion which is, in effect, to stay enforcement of stated portions of the order and to continue Cheryl D'Angio's supervised visitation by Office of Children and Family Psychological Services, P.C., is denied.
SKELOS, J.P., RITTER, FLORIO and MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court