Matter of Flaherty v McKelvey
Motion No: 2009-08047
Slip Opinion No: 2009 NY Slip Op 83166(U)
Decided on September 16, 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

M91982

E/sl

MARK C. DILLON, J.P.

RANDALL T. ENG

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2009-08047

In the Matter of Kelly Flaherty, petitioner,

v Richard McKelvey, respondent.

(Docket No. V-16405/04)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to appeal to this court from an order to show cause of the Family Court, Suffolk County, dated August 20, 2009, and to stay enforcement of a temporary restraining order contained in the order to show cause 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 the motion is otherwise denied as academic.

DILLON, J.P., ENG, BELEN and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court