Baribault v Sauvola
Motion No: 2010-08398
Slip Opinion No: 2010 NY Slip Op 82282(U)
Decided on September 15, 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

M108339

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2010-08398

Kenneth Baribault, plaintiff,

v Kendra Sauvola, defendant.

(Index No. 26410-03)

DECISION & ORDER ON MOTION

Motion by Kenneth Baribault for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated August 30, 2010, and, inter alia, in effect, to award residential custody of the subject child to the appellant, 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 the branch of the motion which is, in effect, to award residential custody of the subject child to the appellant, pending hearing and determination of the appeal, is denied as academic.

SKELOS, J.P., ANGIOLILLO, CHAMBERS and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court