McMahan v McMahan
Motion No: 2009-01681
Slip Opinion No: 2009 NYSlipOp 67278(U)
Decided on March 23, 2009
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

M84135

E/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

ANITA R. FLORIO

ARIEL E. BELEN, JJ.

2009-01681

David Bruce McMahan, respondent,

v Elena McMahan, appellant.

(Index No. 399/05)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered February 6, 2009, for a preference in the calendaring of the appeal, and for an expedited briefing schedule.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

PRUDENTI, P.J., SANTUCCI, FLORIO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court