| CHARLES M. IKER V ELAINE S. IKER, NOW KNOWN AS ELAINE S. SPANGANBERG |
| Motion No: CA 10-02360 |
| Slip Opinion No: 2011 NY Slip Op 62447(U) |
| Decided on January 25, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND LINDLEY, JJ.
DOCKET NO. CA 10-02360
| CHARLES M. IKER, PLAINTIFF-RESPONDENT, V ELAINE S. IKER, NOW
KNOWN AS ELAINE S. SPANGANBERG, DEFENDANT-APPELLANT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Stephen K. Lindley on December 1, 2010, for a stay of enforcement of an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on October 27, 2010, pending the hearing and determination of the appeal taken herein, and for permission to proceed as a poor person,
Now, upon reading and filing the affidavit of Elaine S. Spanganberg sworn to November 14, 2010, the affidavit of Peter Zelter sworn to November 14, 2010, the affirmation of Maureen A. Pineau, Esq. dated November 21, 2010, said show cause order with proof of service thereof, the affidavit of Charles M. Iker sworn to November 30, 2010, and the affidavit of Brian J. Barney, Esq. sworn to November 30, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks a stay of enforcement is denied (see Kightlinger v Kightlinger, 231 AD2d 969; McKiernan v McKiernan, 223 AD2d 917), and
It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person is denied.
Entered: January 25, 2011
Patricia L. Morgan, Clerk