Musachio v Musachio
Motion No: 2009-05746
Slip Opinion No: 2009 NY Slip Op 78601(U)
Decided on July 21, 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

M89718

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2009-05746, 2009-05747

Mark Musachio, plaintiff,

v Annmarie Musachio, defendant.

(Index No. 21672-04)

DECISION & ORDER ON MOTION

Motion by Annmarie Musachio for leave to appeal to this court from two orders of the Supreme Court, Suffolk County, dated June 12, 2009, and June 16, 2009, respectively, to stay all proceedings in the above-entitled action pending hearing and determination of the appeals, and for a preference in the calendaring of the appeals.

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 the branches of the motion which are to stay all proceedings and for a preference in the calendaring of the appeals are denied as academic.

DILLON, J.P., ANGIOLILLO, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court