Allison v Allison
Motion No: 2008-00270
Slip Opinion No: 2008 NYSlipOp 87122(U)
Decided on October 24, 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

M77582

E/nl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2008-00270, 2008-08671

Katharine Allison, appellant,

v William B. Allison, respondent.

(Index No. 00-12159)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay all proceedings in connection with the respondent's motion to hold her in contempt, pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, entered November 30, 2007, and September 18, 2008, respectively, and for leave to appeal from the order entered September 18, 2008.

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 all proceedings is denied; and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the order entered September 18, 2008, is denied as unnecessary, as the order is appealable as of right (see CPLR 5701).

SPOLZINO, J.P., FLORIO, McCARTHY and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court