GERDA B. CASSARA V JAMES I. WYNN, ALSO KNOWN AS JAMES WYNN, SR.
Motion No: NOS. CA 07-02418 AND CA 07-02708
Slip Opinion No: 2008 NYSlipOp 60726(U)
Decided on January 9, 2008
Appellate Division, Fourth 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.


January 9, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NOS. CA 07-02418 AND CA 07-02708

GERDA B. CASSARA, PLAINTIFF-RESPONDENT,

V

JAMES I. WYNN, ALSO KNOWN AS JAMES WYNN, SR.,

DEFENDANT-APPELLANT.


Appellant having moved, upon the return of an order to show cause granted by the Honorable Henry J. Scudder on December 26, 2007, for a stay of all proceedings to enforce an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on October 15, 2007, pending the hearing and determination of the appeals taken herein,

Now, upon reading and filing the affidavit of James Wynn, Sr. sworn to

December 26, 2007, said show cause order with proof of service thereof, the opposing affidavit of Charles A. Schiano, Sr. sworn to January 2, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is granted, and all proceedings to enforce the order and the judgment entered October 15, 2007 are hereby stayed pending the hearing and determination of the appeals taken herein, on the condition that appellant perfect the appeals on or before February 8, 2008.

Entered: January 9, 2008

JoAnn M. Wahl, Clerk