| THOMAS J. SMOLINSKI V MATTHEW A. SMOLINSKI FORD MOTOR CREDIT COMPANY |
| Motion No: CA 08-02659 |
| Slip Opinion No: 2009 NYSlipOp 61520(U) |
| Decided on January 15, 2009 |
| 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, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 08-02659
| THOMAS J. SMOLINSKI, PLAINTIFF-RESPONDENT, V MATTHEW A.
SMOLINSKI, DEFENDANT, FORD MOTOR CREDIT COMPANY, DEFENDANT-APPELLANT. |
Appellant having moved for a stay of all proceedings to enforce an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 1, 2008, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of Paul Morrison-Taylor sworn to December 23, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Debra A. Norton dated January 5, 2009, the reply affidavit of Paul Morrison-Taylor sworn to January 8, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied (see Young v State of New York, 213 AD2d 1084 [1995]).
Entered: January 15, 2009
JoAnn M. Wahl, Clerk