ERIN VIALARDI, plf, v. ROBERT VIALARDI, def — Motion by the plaintiff for leave to appeal to this Court from an order of the Supreme Court, Westchester County, dated December 10, 2012, and, in effect, to stay the custody hearing in the above-entitled action, 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.

BALKIN, J.P., LOTT, AUSTIN and SGROI, JJ., concur.