| MICHELLE L. DUKE V BRIAN A. DUKE |
| Motion No: CA 09-01699 |
| Slip Opinion No: 2009 NY Slip Op 83257(U) |
| Decided on September 10, 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, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-01699
| MICHELLE L. DUKE, PLAINTIFF-RESPONDENT, V BRIAN A. DUKE,
DEFENDANT-APPELLANT. |
Appellant having moved for a stay of all proceedings pending the hearing and determination of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 6, 2009,
Now, upon reading and filing the affidavit of Kenneth A. Duke sworn to August 12, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Thomas C. D'Agostino sworn to August 20, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied (see Rhodes v Mosher, 115 AD2d 351 [1985]).
Entered: September 10, 2009
Patricia L. Morgan, Clerk