MELISSA MANISCALCO V PHILIP MANISCALCO MELISSA MANISCALCO V PHILIP MANISCALCO (APPEAL NO. 2.)
Motion No: CA 12-01237
Slip Opinion No: 2012 NY Slip Op 79906(U)
Decided on July 24, 2012
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.


July 24, 2012

PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND LINDLEY, JJ.

DOCKET NO. CA 12-01237
DOCKET NO. CA 12-01238

MELISSA MANISCALCO, PLAINTIFF-RESPONDENT,

V

PHILIP MANISCALCO, DEFENDANT-APPELLANT.

(APPEAL NO. 1.)

MELISSA MANISCALCO, PLAINTIFF-RESPONDENT,

V

PHILIP MANISCALCO, DEFENDANT-APPELLANT.

(APPEAL NO. 2.)


Appellant having moved for a stay of all proceedings in this case and for a stay of enforcement of the order and the judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 26, 2012 (appeal No. 1), and June 28, 2012 (appeal No. 2), except for the provision that appellant pay current support, pending the hearing and determination of the appeals taken herein,

Now, upon reading and filing the affirmation of Carl B. Kustell, Esq., dated July 5, 2012, the affidavit of Philip Maniscalco sworn to July 5, 2012, the notice of motion with proof of service thereof, and the affidavit of Katie M. Poleon, Esq., sworn to July 12, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: July 24, 2012

Frances E. Cafarell, Clerk