Rosner v Rosner
Motion No: 2010-10121
Slip Opinion No: 2010 NY Slip Op 87823(U)
Decided on November 15, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M110967

E/ct

ANITA R. FLORIO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2010-10121

Marianne Rosner, plaintiff,

v Andrew Rosner, defendant.

(Index No. 201865/06)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated October 13, 2010, and, in effect, to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal. Cross motion by the defendant to impose a sanction upon the plaintiff.

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

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 all proceedings in the above-entitled action, pending hearing and determination of the appeal is denied as academic and it is further,

ORDERED that the cross motion is denied.

FLORIO, J.P., DICKERSON, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court