Chierchie v Chierchie
Motion No: 2011-10141
Slip Opinion No: 2011 NY Slip Op 90832(U)
Decided on November 28, 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

M129400

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-10141

Patricia Chierchie, plaintiff,

v Steven J. N. Chierchie, defendant.

(Index No. 601-07)

DECISION & ORDER ON MOTION

Motion by Steven J. N. Chierchie for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated October 27, 2011, and to stay all proceedings in a related Family Court proceeding and to remove the Family Court proceedings to the Supreme Court, Suffolk County, pending hearing and determination of the appeal. Separate motion by Patricia Chierchie for an award of costs and an attorney's fee.

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

ORDERED that the branch of the motion by Steven J.N. Chierchie which is for leave to appeal is denied; and it is further,

ORDERED that the motion by Steven J. N. Chierchie is otherwise denied as academic; and it is further,

ORDERED that the motion by Patricia Chierchie is denied.

ANGIOLILLO, J.P., DICKERSON, LOTT and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court