York v York
Motion No: 2011-00564
Slip Opinion No: 2011 NY Slip Op 64855(U)
Decided on February 22, 2011
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

M115937

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2011-00564, 2011-00565

Esther York, appellant,

v Joseph York, respondent.

(Index Nos. 11853/98, 10224/93)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled actions, including a hearing scheduled for February 2, 2011, pending hearing and determination of appeals from two orders of the Supreme Court, Queens County, dated December 3, 2010, and January 7, 2011, respectively, for leave to prosecute the appeals on the original record, and to enlarge the record to include certain material. Application by the appellant for leave to file reply papers on the motion.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is denied; and it is further,

ORDERED that the branches of the motion which are to stay all proceedings and to enlarge the record are denied; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeals on the original papers is granted, and the appeals will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court