Wysell v Caldwell
Motion No: 2013-02035
Slip Opinion No: 2013 NY Slip Op 67423(U)
Decided on March 14, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M152959

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2013-02035

Maryanne Wysell, plaintiff,

v Michael Caldwell, defendant;

Francesca Caldwell, nonparty.

(Index No. 1520/10)

DECISION & ORDER ON MOTION

Motion by Francesca Caldwell for leave to appeal to this Court from an order of the Supreme Court, Dutchess County, dated February 8, 2013, and to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

DILLON, J.P., BALKIN, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court