Sawin v Sawin
Motion No: 2013-00176
Slip Opinion No: 2013 NY Slip Op 73312(U)
Decided on May 9, 2013
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

M155965

E/ct

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2013-00176

Barbara Sawin, appellant,

v Scott Sawin, respondent.

(Index No. 3645/10)

DECISION & ORDER ON MOTION

Motion by Barbara Sawin for leave to appeal to this Court from an order of the Supreme Court, Putnam County, dated October 22, 2012.

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

ORDERED that the motion is denied as unnecessary with respect to so much of the order as granted that branch of the respondent's motion which was for pendente lite counsel fees as that portion of the order is appealable as of right (see CPLR 5701) and the motion is otherwise denied (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509).

BALKIN, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court