Opinion
2013-00176 Index No. 3645/10 M155965
05-09-2013
, J.P.
JOHN M. LEVENTHAL
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
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