| DEENA K. DIETRICH V TAKAKO MICHII |
| Motion No: CA 08-01536 |
| Slip Opinion No: 2008 NYSlipOp 81350(U) |
| Decided on August 21, 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, PERADOTTO, AND PINE, JJ.
DOCKET NO. CA 08-01536
| DEENA K. DIETRICH, PLAINTIFF-RESPONDENT, V TAKAKO MICHII,
DEFENDANT-APPELLANT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Jerome C. Gorski on July 18, 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 Erie on July 14, 2008, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of Leslie Mark Greenbaum sworn to July 16, 2008, said show cause order with proof of service thereof,
the opposing affidavit of Robert R. Radel sworn to August 6, 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 entered July 14, 2008 are hereby stayed pending the hearing and determination of the appeal taken herein, on the condition that appellant perfect the appeal on or before September 30, 2008, in which event
It is further ORDERED that the appeal is to be added to the calendar for the term of this Court commencing December 1, 2008.
Entered: August 21, 2008
JoAnn M. Wahl, Clerk