Wysell v Caldwell
Motion No: 2012-02002
Slip Opinion No: 2012 NY Slip Op 68148(U)
Decided on March 22, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M135253

E/sl

DANIEL D. ANGIOLILLO, J.P.

ARIEL E. BELEN

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2012-02002, 2012-02510

Maryanne Carol Wysell, plaintiff,

v Michael Christopher Caldwell, defendant.

(Index No. 1520/10)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to this Court from an order of the Supreme Court, Dutchess County, dated January 24, 2012, and an order of the same court dated February 16, 2012, and, inter alia, in effect, to stay enforcement of stated portions of the order dated January 24, 2012, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

ANGIOLILLO, J.P., BELEN, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court