Sherer v Sherer
Motion No: 2010-11996
Slip Opinion No: 2011 NY Slip Op 63327(U)
Decided on February 7, 2011
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

M115052

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2010-11996

Kristina Sherer, plaintiff,

v Elliot Sherer, defendant.

(Index No. 34472-10)

DECISION & ORDER ON MOTION

Motion by Elliot Sherer for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated November 5, 2010, and, in effect, to stay enforcement of so much of the order as awards temporary custody of the subject child to the plaintiff, 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 the motion is otherwise denied as academic.

ANGIOLILLO, J.P., FLORIO, BELEN and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court