MATTER OF KELLEY L. MACINTOSH V JESSICA BIERWILER, AND JAMES N. BRYANT
Motion No: CAF 11-02214
Slip Opinion No: 2011 NY Slip Op 91817(U)
Decided on November 30, 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.


November 30, 2011

PRESENT: SCUDDER, P.J., PERADOTTO, SCONIERS, GREEN, AND GORSKI, JJ.

APPELLATE DIVISION DOCKET NO. CAF 11-02214
DOCKET NO. V-00719-11

MATTER OF KELLEY L. MACINTOSH, PETITIONER,

V

JESSICA BIERWILER,

AND JAMES N. BRYANT, RESPONDENTS.


Petitioner having moved by order to show cause for permission to appeal from an order of the Family Court, Seneca County, dated October 24, 2011, and for a stay of enforcement of the order pending the hearing and determination of the appeal,

Now, upon reading and filing the affirmation of Daniel J. Fitzsimmons, Esq., dated October 26, 2011, the order to show cause with proof of service thereof, and the affirmation of Joseph J. Sapio, Esq., dated November 3, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks permission to appeal is denied, and

It is further ORDERED that the motion insofar as it seeks a stay pending appeal is dismissed.

Entered: November 30, 2011

PATRICIA L. MORGAN, Clerk