Musachio v Musachio
Motion No: 2009-05744
Slip Opinion No: 2010 NY Slip Op 65300(U)
Decided on March 11, 2010
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

M99602

E/sl

JOSEPH COVELLO, J.P.

ANITA R. FLORIO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-05744, 2009-10152

Mark Musachio, respondent,

v Annmarie Musachio, appellant.

(Index No. 21672-04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute appeals from two orders of the Supreme Court, Suffolk County, dated May 8, 2009 (Appellate Division Docket No. 2009-05744), and September 21, 2009 (Appellate Division Docket No. 2009-10152), respectively, as a poor person, and for the assignment of counsel, to stay all proceedings in the above-entitled action pending hearing and determination of the appeals, and or withdraw the appeal from the order dated May 8, 2009, in the event that poor person relief is not granted.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are for poor person, for the assignment of counsel, and to stay all proceedings are denied; and it is further,

ORDERED that the branch of the motion which is to withdraw the appeal from the order dated May 8, 2009 (Appellate Division Docket No. 2009-05744), is granted and that appeal is deemed withdrawn, without costs for disbursements.

COVELLO, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court