| Diederich v Wetzel |
| Motion No: 2011-11832 |
| Slip Opinion No: 2012 NY Slip Op 64002(U) |
| Decided on February 10, 2012 |
| 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. |
Appellate Division: Second Judicial Department
M133245
E/sl
MARK C. DILLON, J.P.
ANITA R. FLORIO
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2011-11832
Michael Diederich, Jr., appellant, v Lorraine Wetzel, etc., respondent. (Index No. 11-4645)
| DECISION & ORDER ON APPLICATION |
Application by the appellant to hold in abeyance an appeal from an order of the Supreme Court, Rockland County, dated December 9, 2011, on the ground that his military service materially affects his ability to prosecute the appeal.
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 granted (see Military Law § 304), and the appeal is held in abeyance for the duration of the appellant's current assignment outside the United States; the parties shall advise the Court when there is any change in the appellant's assignment in military service.
DILLON, J.P., FLORIO, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court