| Wodraska v Wodraska |
| Motion No: 2006-00590 |
| Slip Opinion No: 2006 NYSlipOp 62975(U) |
| Decided on February 15, 2006 |
| 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
M36066
Y/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2006-00590 Stephen J. Wodraska, appellant, v Stacey A. Wodraska, respondent. (Index No. 1576/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay a hearing scheduled for February 16, 2006, pending hearing and determination of an appeal from an order of the Supreme Court, Dutchess County, dated December 14, 2005. Cross motion by the Law Guardian for the parties' son Stephen Wodraska to dismiss the appeal for failure to serve the notice of appeal upon the Law Guardian.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion and cross motion are denied; and it is further,
ORDERED that on the court's own motion, the notice of appeal is deemed timely served on the Law Guardian (see CPLR 5520[a]).
MILLER, J.P., CRANE, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court