| KATHLEEN E. ANDRESS V TERRANCE A. ANDRESS |
| Motion No: CA 11-00835 |
| Slip Opinion No: 2011 NY Slip Op 74365(U) |
| Decided on May 27, 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 SCONIERS, JJ.
DOCKET NO. CA 11-00835
| KATHLEEN E. ANDRESS, PLAINTIFF-RESPONDENT, V TERRANCE A.
ANDRESS, DEFENDANT-APPELLANT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Rose H. Sconiers, for a stay of enforcement of the order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 30, 2010, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of Thomas S. Labin, Esq. dated May 9, 2011, the affidavit of Terrance A. Andress sworn to May 9, 2011, said show cause order with proof of service thereof, and the affidavit of Kelly V. Zarcone, Esq. sworn to May 20, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to an automatic stay pursuant to CPLR 5519 (a) (2) upon giving the required undertaking.
Entered: May 27, 2011
Patricia L. Morgan, Clerk