| WENDY JOHNSON, DANE V. JOHNSON, AND DANIKA V. JOHNSON V NEW YORK STATE AND LOCAL RETIREMENT SYSTEM, OFFICE OF THE NEW |
| Motion No: CA 10-02337 |
| Slip Opinion No: 2010 NY Slip Op 90827(U) |
| Decided on December 14, 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. |
PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND SCONIERS, JJ.
DOCKET NO. CA 10-02337
| WENDY JOHNSON, DANE V. JOHNSON, AND DANIKA V. JOHNSON,
PLAINTIFFS-APPELLANTS, V NEW YORK STATE AND LOCAL RETIREMENT SYSTEM, OFFICE OF THE NEW YORK STATE COMPTROLLER,
THOMAS P. DINAPOLI, KIMBERLY LEONE JOHNSON, AND ESTATE OF DAN JAMES JOHNSON, DANE V JOHNSON ADMINISTRATOR,
DEFENDANTS-RESPONDENTS. |
Appellants having moved, upon the return of an order to show cause granted by the Honorable Rose H. Sconiers on November 18, 2010, for a stay of all proceedings to enforce the order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 27, 2010, and for other relief, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of Edwin P. Hunter, Esq. sworn to November 10, 2010, and said order to show cause with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent of staying enforcement of the order entered October 27, 2010, and restraining defendants New York State and Local Retirement System, Office of the New York State Comptroller from making any payment or taking any action with respect to the retirement benefits referenced in the order entered October 27, 2010.
Entered: December 14, 2010
Patricia L. Morgan, Clerk