Sweeny v De Marsico
Motion No: 2014-00091
Slip Opinion No: 2014 NY Slip Op 62758(U)
Decided on February 3, 2014
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

M169058

E/ct

RANDALL T. ENG, P.J.

RUTH C. BALKIN

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2014-00091

Dennis Sweeny, plaintiff,

v Frances De Marsico, et al., defendants.

(Index No. 32452/13)

DECISION & ORDER ON MOTION

Motion by Dennis Sweeny for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated December 10, 2013, and to enjoin the defendant Frances De Marsico, or anyone acting on her behalf, from taking any actions in furtherance of a certain proceeding in the Second District Court, Suffolk County, 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 that the motion is otherwise denied as academic.

ENG, P.J., BALKIN, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court