| GARY BEITER V MARY ANNE BEITER |
| Motion No: CA 08-00993 |
| Slip Opinion No: 2008 NYSlipOp 72763(U) |
| Decided on May 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND LUNN, JJ.
DOCKET NO. CA 08-00993
| GARY BEITER, PLAINTIFF-APPELLANT, V MARY ANNE BEITER,
DEFENDANT-RESPONDENT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Robert J. Lunn on May 5, 2008, for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 2, 2008, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of Maureen A. Pineau dated April 30, 2008,
said show cause order with proof of service thereof, the opposing affirmation of Edward J. Massare dated May 12, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied (see CPLR 5519 [a] [3]; Sullivan v Troser Mgt., 30 AD3d 1118 [2006]), and
It is further ORDERED that the temporary stay contained in the show cause order bringing the motion on before the full Court be, and the same hereby is vacated.
Entered: May 20, 2008
JoAnn M. Wahl, Clerk