| Buscarello v Buscarello |
| Motion No: 2023-06869 |
| Slip Opinion No: 2023 NY Slip Op 72452(U) |
| Decided on August 28, 2023 |
| 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. |
Appellate Division: Second Judicial Department
M290762
AFA/
COLLEEN D. DUFFY, J.P.
BARRY E. WARHIT
CARL J. LANDICINO
LAURENCE L. LOVE, JJ.
|
2023-06869 Jennifer Buscarello, plaintiff, v Michael Buscarello, defendant. (Index No. 53124/2018)
| DECISION & ORDER ON MOTION |
Motion by Michael Buscarello, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Kings County (IDV Part), dated August 1, 2023, and to stay enforcement of the order, 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 as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further,
ORDERED that the motion is otherwise denied without prejudice to renew upon the filing of a timely notice of appeal (see CPLR 5513, 5514).
DUFFY, J.P., WARHIT, LANDICINO and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court