| KEVIN ANDREW LEONARD V TERRI LYNN LEONARD |
| Motion No: CA 11-01596 |
| Slip Opinion No: 2011 NY Slip Op 83587(U) |
| Decided on September 14, 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 11-01596
| KEVIN ANDREW LEONARD, PLAINTIFF-RESPONDENT, V TERRI LYNN
LEONARD, DEFENDANT-APPELLANT. |
Defendant having moved, upon the return of an order to show cause granted by the Honorable Stephen K. Lindley on July 26, 2011, for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on June 29, 2011, and
Appellant having separately moved to reinstate the pendente lite order of the Supreme Court dated October 25, 2010, and to consolidate said motions,
Now, upon reading and filing the affirmations of Robert J. Lunn, Esq., dated July 20, 2011, August 16, 2011, and August 24, 2011, the notice of motion with proof of service thereof,
said show cause order with proof of service thereof, the affirmations of Maureen A. Pineau, Esq., dated July 22, 2011, August 19, 2011, and September 9, 2011, and the affirmation of Matthew J. Fero, Esq., dated August 22, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks a stay is granted to the extent of staying enforcement of that part of the order that requires "Defendant shall pay to Plaintiff the sum of $250 bi-weekly in basic child support as well as Defendant's proportionate share of health, dental and vision coverage for an additional $14.87 bi-weekly for a total of $264.87 bi-weekly retroactive to September 1, 2010," as well as that part which requires defendant to pay "20% of any day care expense incurred by Plaintiff while he is working", and
It is further ORDERED that the motion insofar as it seeks to reinstate the pendente lite order of the Supreme Court is denied, and
It is further ORDERED that the motion insofar as it seeks to consolidate said motions is dismissed as unnecessary.
Entered: September 14, 2011
Patricia L. Morgan, Clerk