Herrick v Lyon
Motion No: 2006-01571
Slip Opinion No: 2006 NYSlipOp 65152(U)
Decided on March 16, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M37273

T/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2006-01571

Steven Herrick, etc., respondent, v

Christina Lyon, appellant.

(Index No. 12078/02)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered November 7, 2005, and cross motion by the respondent to vacate a judgment of the same court entered July 8, 2004, in the above-entitled action.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is denied without prejudice to the respondent seeking the same relief in the Supreme Court, Nassau County.

PRUDENTI, P.J., FLORIO, MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court