ANDREA L. HENDERSHOT V PAUL S. HENDERSHOT
Motion No: CA 13-00349
Slip Opinion No: 2013 NY Slip Op 70721(U)
Decided on April 12, 2013
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.


April 12, 2013

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 13-00349

ANDREA L. HENDERSHOT, PLAINTIFF-RESPONDENT,

V

PAUL S. HENDERSHOT, DEFENDANT-APPELLANT.


Appellant having moved for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Ontario on February 14, 2013, pending the hearing and determination of the appeal taken herein, and having moved to expedite the appeal from the order entered February 14, 2013,

Now, upon reading and filing the affirmation of Michael A. Jones, Jr., Esq., dated February 14, 2013, the notice of motion with proof of service thereof, the affirmation of Susan Gray Jones, Esq., dated March 1, 2013, and the affirmation of Arthur A. Petronio, Esq., dated March 1, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks a stay is denied, and

It is further ORDERED that motion insofar as it seeks to expedite the appeal is dismissed as premature (see 22 NYCRR 1000.10 [d]).

Entered: April 12, 2013

Frances E. Cafarell, Clerk