| CAROLE A. NORTHWAY V C. GREG NORTHWAY, SR. |
| Motion No: CA 09-00961 |
| Slip Opinion No: 2009 NY Slip Op 72902(U) |
| Decided on May 13, 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: HURLBUTT, J.P., MARTOCHE, SMITH, CENTRA, AND GREEN, JJ.
DOCKET NO. CA 09-00961
| CAROLE A. NORTHWAY, PLAINTIFF-RESPONDENT, V C. GREG
NORTHWAY, SR., DEFENDANT-APPELLANT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Samuel L. Green on May 7, 2009, for a stay of all proceedings to enforce a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 8, 2008, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of Carol A. Condon dated March 5, 2009,
said show cause order with proof of service thereof, the opposing affidavit of Carole A. Northway sworn to March 12, 2009, the opposing affidavit of Sharon Anscombe Osgood sworn to May 7, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied (see Kightlinger v Kightlinger, 231 AD2d 969 [1996]).
Entered: May 13, 2009
Patricia L. Morgan, Clerk