Barrette v Barrette
Motion No: 2009-03560
Slip Opinion No: 2009 NY Slip Op 71374(U)
Decided on May 4, 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

M86129

E/cb

PETER B. SKELOS, J.P.

STEVEN W. FISHER

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2009-03560

Linda Barrette, respondent,

v Richard Barrette, appellant.

(Index No. 3614/07)

DECISION & ORDER ON MOTION

Motion by Richard Barrette for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated April 7, 2009, and, inter alia, 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; 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; and it is further,

ORDERED that the motion is otherwise denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court