NICOLE MILLER V DAVID MILLER
Motion No: CA 11-01441
Slip Opinion No: 2011 NY Slip Op 83571(U)
Decided on September 13, 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.


September 13, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-01441

NICOLE MILLER, PLAINTIFF-APPELLANT,

V

DAVID MILLER, DEFENDANT-RESPONDENT.


Appellant having moved, upon the return of an order to show cause granted by the Honorable Henry J. Scudder on July 15, 2011, for an order staying all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on July 8, 2011, pending hearing and determination of the appeal taken herein, and directing that there shall be no visitation between respondent and the children of the marriage pending Supreme Court's final determination regarding visitation,

Now, upon reading and filing the affirmation of Nathan A. Van Loon, Esq., dated July 14, 2011, the certification and verification of Nicole F. Miller sworn to July 14, 2011, the statements of Nathan A. Van Loon, Esq. dated August 12, 2011, and August 15, 2011, and the attachments submitted therewith, said show cause order with proof of service thereof, and the affirmation of Michael D. Schmitt, Esq., received August 26, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied

Entered: September 13, 2011

Patricia L. Morgan, Clerk