| Dawson v Wiley |
| Motion No: 2005-06870 |
| Slip Opinion No: 2006 NYSlipOp 70309(U) |
| Decided on June 14, 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
M40537
E/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-06870 Roger W. Dawson, appellant, v Susan H. Wiley, respondent. (Index No. 05-7775)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered July 6, 2005, in effect, to enjoin the respondent from commencing any new proceedings or prosecuting any pending proceedings in the Family Court, Westchester County, pending hearing and determination of the appeal. By decision and order on motion of this court dated May 3, 2006, the parties were directed to show cause before this court why an order should or should not be made and entered dismissing the above-entitled appeal on the ground that the appeal has been rendered academic by the order of the Family Court, Westchester County, dated July 11, 2005. Separate motion by the appellant to stay the respondent and the Westchester County Support Collection Unit from enforcing an order of the Family Court, Westchester County, dated April 20, 2006, under Docket No. F-03872-03, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion for an injunction and the papers filed in opposition and relation thereto, the order to show cause to dismiss the appeal and the papers filed in response thereto, and the papers filed in support of the motion for a stay, it is
ORDERED that the order to show cause to dismiss the appeal is held in abeyance and is referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the motions are denied; and it is further,
ORDERED that on the court's own motion, the appellant's time to serve and file a reply brief is enlarged until June 26, 2006, and the appellant's reply brief must be served and filed on or before that date.
MILLER, J.P., SCHMIDT, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court