LEON R. K. V KELLY HAWSE K.
Motion No: NOS. CA 07-02530, CA 08-00163, CA 08-00164, AND CA 08-00165
Slip Opinion No: 2008 NYSlipOp 64950(U)
Decided on February 20, 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.


February 20, 2008

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

DOCKET NOS. CA 07-02530, CA 08-00163, CA 08-00164, AND CA 08-00165

LEON R. K., PLAINTIFF-APPELLANT,

V

KELLY HAWSE K., DEFENDANT-RESPONDENT.


Appellant having moved, upon the return of an order to show cause granted by the Honorable John V. Centra on January 11, 2008, for a stay of all proceedings pending the hearing and determination of the appeals taken herein from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on February 12, 2007,

September 25, 2007, November 28, 2007, and December 6, 2007, and for other relief,

Now, upon reading and filing the affidavit of Leon Koziol sworn to December 29, 2007,

said show cause order with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is granted, to the extent that the appeals are hereby consolidated for the purposes of perfecting and arguing the appeals, and the ordering paragraph of the order of this Court entered December 26, 2007 is hereby amended by deleting the date February 25, 2008 and inserting in its place the date April 25, 2008, and

It is further ORDERED that the motion is dismissed as premature to the extent that it seeks to expedite oral argument of the appeals, and the motion is otherwise denied.

Memorandum: Appellant's application for a stay of all proceedings is not properly brought before this Court (see CPLR 2201; Rhodes v Mosher, 115 AD2d 351 [1985]).

Entered: February 20, 2008

JoAnn M. Wahl, Clerk