IN THE MATTER OF THE GUARDIANSHIP OF CHRIS WILLIAM BROWN, III
Motion No: CA 12-01756
Slip Opinion No: 2012 NY Slip Op 87734(U)
Decided on October 16, 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.


October 16, 2012

PRESENT: SCUDDER, P.J., CENTRA, CARNI, LINDLEY, AND WHALEN, JJ.

DOCKET NO. CA 12-01756

IN THE MATTER OF THE GUARDIANSHIP OF CHRIS WILLIAM BROWN, III



WILLIAMSVILLE CENTRAL SCHOOL DISTRICT, PROPOSED

INTERVENOR-APPELLANT,

V

MARILYN J. SMITH, PETITIONER-RESPONDENT.


Williamsville Central School District having moved for a stay of all proceedings to enforce an order of the Erie County Surrogate's Court entered in the Office of the Clerk of said court on August 31, 2012, pending the hearing and determination of the appeal taken herein,

Now, upon reading and filing the affirmation of Melanie J. Beardsley, Esq., dated September 14, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed without prejudice to the filing of a motion to vacate the order pursuant to CPLR 5704 (a) (see 22 NYCRR 1000.13 [b] [2]).

Entered: October 16, 2012

Frances E. Cafarell, Clerk