| Baumgardner v Baumgardner |
| Motion No: 2009-08003 |
| Slip Opinion No: 2009 NY Slip Op 82679(U) |
| Decided on September 10, 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
M91755
E/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
JOHN M. LEVENTHAL, JJ.
|
2009-08003, 2009-08004 William Baumgardner, plaintiff, v Coleen Baumgardner, defendant. (Index No. 9400-08)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated July 15, 2009, and a transcript of the same court dated August 21, 2009, inter alia, to return the care and custody of the subject child Aiden to him pending hearing and determination 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 from the order dated July 15, 2009, is denied; and it is further,
ORDERED that the branch of the motion which is for leave to appeal from the transcript dated August 21, 2009, is denied 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 motion is otherwise denied as academic.
PRUDENTI, P.J., MASTRO, RIVERA and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court