Heydt-Benjamin v Heydt-Benjamin
Motion No: 2010-06133
Slip Opinion No: 2010 NY Slip Op 88261(U)
Decided on November 18, 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

M111138

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2010-06133

Thomas Heydt-Benjamin, respondent,

v Ava Dawn Heydt-Benjamin, appellant.

(Index No. 09-2318)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay all proceedings in the above-entitled matter, except the engagement and appointment of an attorney for the children and the appointment of a forensic psychologist, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated June 2, 2010, and for a preference in the calendaring 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 for a preference in the calendaring of the appeal is granted, and the appeal will be calendared after all of the briefs have been filed; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., DICKERSON, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court