Mule v Robinson
Motion No: 2012-09410
Slip Opinion No: 2012 NY Slip Op 90391(U)
Decided on November 15, 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

M146418

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

SYLVIA HINDS-RADIX, JJ.

2012-09410

Kenneth J. Mule, respondent,

v Delphia E. Robinson, appellant.

(Index No. 6659/10)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Dutchess County, dated September 27, 2012, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the appellant's time to vacate the residence located at 49 Chestnut Street, Rhinebeck, New York is extended until November 30, 2012, and upon expiration of that time the respondent may submit a proposed writ of assistance to the Supreme Court, Dutchess County, in accordance with the order dated September 27, 2012.

SKELOS, J.P., HALL, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court