Ashmore v Ashmore
Motion No: 2013-06707
Slip Opinion No: 2013 NY Slip Op 80483(U)
Decided on July 23, 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

M159762

E/nl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2013-06707

Kelly Ashmore, plaintiff, v Benjamin

Ashmore, Sr., defendant.

(Index No. 37380/07)

DECISION & ORDER ON MOTION

Motion by Benjamin Ashmore, Sr., for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated May 7, 2013, and to direct that the subject children be placed in his care and custody for the summer 2013.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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.

RIVERA, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court