Thompson v Thompson
Motion No: 2009-10865
Slip Opinion No: 2009 NY Slip Op 91167(U)
Decided on December 14, 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

M95954

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2009-10865

Brian Peter Thompson, appellant,

v Kiyoko Kim Thompson, respondent.

(Index No. 4382/09)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Dutchess County, dated November 17, 2009, pending hearing and determination of an appeal therefrom, and for a preference in the hearing of the appeal.

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

ORDERED that the branch of the motion which is to stay enforcement of the order dated November 17, 2009, is denied; and it is further,

ORDERED that the branch of the motion which is for a preference in the hearing of the appeal is granted and the appeal will be calendared expeditiously after all of the briefs have been filed.

RIVERA, J.P., SANTUCCI, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court