| Carlin v Carlin |
| Motion No: 2013-00013 |
| Slip Opinion No: 2013 NY Slip Op 60774(U) |
| Decided on January 9, 2013 |
| 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. |
Appellate Division: Second Judicial Department
M149330
E/sl
RUTH C. BALKIN, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2013-00013 Lee Carlin, respondent, v Rebecca Carlin, appellant. (Index No. 45411/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated December 11, 2012, to stay the trial in the above-entitled action pending hearing and determination of the appeal, 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 branches of the motion which are for leave to appeal and to stay the trial in the above-entitled action are granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 8, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 8, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
BALKIN, J.P., HALL, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court