| Musachio v Musachio |
| Motion No: 2009-01729 |
| Slip Opinion No: 2009 NYSlipOp 66560(U) |
| Decided on March 13, 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
M83723
E/cb
A. GAIL PRUDENTI, P.J.
PETER B. SKELOS
HOWARD MILLER
CHERYL E. CHAMBERS, JJ.
|
2009-01729 Mark Musachio, respondent, v Annmarie Musachio, appellant. (Index No. 21672/04)
| DECISION & ORDER ON MOTION |
Motion by Annmarie Musachio for leave to appeal to this court from a decision of the Supreme Court, Suffolk County, dated February 20, 2009, and, inter alia, to return temporary custody of two children to her pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that on the court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements on the ground that no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order is denied as academic.
PRUDENTI, P.J., SKELOS, MILLER and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court