McMahan v McMahan
Motion No: 2012-05140
Slip Opinion No: 2012 NY Slip Op 75940(U)
Decided on June 12, 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

M139097

E/sl

MARK C. DILLON, J.P.

ARIEL E. BELEN

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-05140

David Bruce McMahan, respondent,

v Elena McMahon, appellant.

(Index No. 05-399)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Westchester County, dated May 22, 2012, as allows the respondent to relocate to Florida with the subject children and to direct that the respondent not relocate the subject children to Florida, pending hearing and determination of an appeal from the order, for an expedited briefing schedule, and for a preference in the calendaring of the appeal.

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

ORDERED that the motion is denied.

DILLON, J.P., BELEN, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court