| McMahan v McMahan |
| Motion No: 2010-05883 |
| Slip Opinion No: 2010 NY Slip Op 76136(U) |
| Decided on July 2, 2010 |
| 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. |
Appellate Division: Second Judicial Department
M105213
E/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2010-05883 David Bruce McMahan, plaintiff, v Elena McMahan, defendants. (Index No. 05-399)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Westchester County, dated June 9, 2010, and, in effect, to stay enforcement of stated portions of the order pending hearing and determination of the appeal. Application by the defendant to dismiss the motion for failure to properly serve it in accordance with the order to show cause issued by a Justice of this court dated June 18, 2010. Separate application by the attorney for the children to adjourn the motion so that he may submit papers in connection with the motion.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the applications, it is
ORDERED that the applications are denied; and it is further,
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that the branch of the motion which is, in effect, to stay enforcement of stated portions of the order is denied as academic.
SANTUCCI, J.P., MILLER, LEVENTHAL and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court