Howley v Howley
Motion No: 2008-00861
Slip Opinion No: 2008 NYSlipOp 63251(U)
Decided on February 11, 2008
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

M65989

E/sl

STEVEN P. FISHER, J.P.

HOWARD MILLER

WILLIAM E. McCARTHY

CHERYL E. CHAMBERS, JJ.

2008-00861

Mary Joan Howley, respondent,

v James Joseph Howley, appellant.

(Index No. 17882/06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated December 4, 2007, and to stay an inquest in the above-entitled action, pending hearing and determination of an appeal from the order.

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 to stay the inquest is granted, and the inquest is stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order is denied.

FISHER, J.P., MILLER, McCARTHY and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court