MATTER OF PATRICIA ORZECH V GARY A. NIKIEL
Motion No: CAF 10-01814
Slip Opinion No: 2010 NY Slip Op 81754(U)
Decided on September 8, 2010
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.


September 8, 2010

PRESENT: SCUDDER, P.J., SMITH, CENTRA, CARNI, AND SCONIERS, JJ.

APPELLATE DIVISION DOCKET NO. CAF 10-01814
DOCKET NO. V-20606-05-09B
DOCKET NO. V-20606-05-09A

MATTER OF PATRICIA ORZECH, PETITIONER-APPELLANT,

V

GARY A. NIKIEL, RESPONDENT-RESPONDENT.



MATTER OF GARY A. NIKIEL, PETITIONER-RESPONDENT,

V

PATRICIA ORZECH, RESPONDENT-APPELLANT.


Appellant having moved by order to show cause for a stay of enforcement of an order of the Family Court, Erie County, entered in the office of the Clerk of said Court on August 13, 2010, pending the hearing and determination of the appeal taken herein,

Now, upon reading and filing the affidavit of Patricia Orzech, sworn to August 28, 2010, the order to show cause with proof of service thereof, the affidavit of Gary A. Nikiel, sworn to August 31, 2010, the affirmation of Maureen A. McCready, Esq., dated August 31, 2010, the affidavit of Francine E. Modica, Esq., sworn to August 31, 2010, the affirmation of Maureen A. McCready, Esq., dated September 2, 2010, the affirmation of Carl B. Kustell, Esq., dated September 3, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: September 8, 2010

PATRICIA L. MORGAN, Clerk