Sansone v Sansone
Motion No: 2013-08537
Slip Opinion No: 2013 NY Slip Op 86720(U)
Decided on September 30, 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

M163074

E/sl

PETER B. SKELOS, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2013-08537

Maria Sansone, appellant,

v Anthony Sansone, respondent.

(Index No. 27074/09)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated September 26, 2013, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by Maria Sansone for leave to appeal to this Court from an order to show cause of the Supreme Court, Suffolk County, dated September 4, 2013, and to stay enforcement of the temporary restraining orders contained in the order to show cause, pending hearing and determination of the appeal.

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

ORDERED that the motion is granted; and it is further,

ORDERED that enforcement of the temporary restraining orders contained in the order to show cause dated September 4, 2013, is stayed either pending hearing and determination of the appeal or determination by the Supreme Court, Suffolk County, of the underlying motion initiated by the order to show cause, whichever occurs first.

SKELOS, J.P., COHEN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court