| HALBERT L. BROOKS, JR. V PAULA GREENE |
| Motion No: CA 09-01650 |
| Slip Opinion No: 2009 NY Slip Op 81526(U) |
| Decided on August 20, 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, MARTOCHE, GREEN, AND PINE, JJ.
DOCKET NO. CA 09-01650
| HALBERT L. BROOKS, JR., PLAINTIFF-APPELLANT, V PAULA GREENE,
DEFENDANT-RESPONDENT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Samuel L. Green on July 29, 2009, 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 June 17, 2009, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavits of Halbert L. Brooks, Jr. sworn to July 24, 2009 and August 3, 2009, said show cause order with proof of service thereof, the opposing affidavit of Gillian D. Brown sworn to August 14, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied (see Crumb v Rodgers, 234 AD2d 1015 [1996]).
Entered: August 20, 2009
Patricia L. Morgan, Clerk