Russo v Macchia-Schiavo
Motion No: 2011-04465
Slip Opinion No: 2011 NY Slip Op 74680(U)
Decided on June 6, 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

M121095

E/sl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2011-04465

Michael Russo, respondent,

v Joanne Macchia-Schiavo, et al., appellants.

(Index No. 10502/08)

DECISION & ORDER ON MOTION

Motion by Joanne Macchia-Schiavo and Lisa Macchia for leave to appeal to this Court from an order of the Supreme Court, Queens County, entered March 24, 2011, and to stay enforcement of the order, as well as any judgment entered in the action, pending hearing and determination of the appeal from the order.

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 on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., ENG, ROMAN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court