| Richard Boyd v Debra Caine |
| Motion No: 2013-00503 sc |
| Slip Opinion No: 2013 NY Slip Op 71535(U) |
| Decided on April 19, 2013 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
ANGELA G. IANNACCI
HECTOR D. LaSALLE, JJ.
DECISION & ORDER ON MOTION
| Richard Boyd, Respondent, v Debra Caine, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the District Court of Suffolk County, Fifth District, entered March 4, 2013.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to appellant moving in the District Court by order to show cause to vacate the warrant for good cause shown pursuant to RPAPL 749 (3) and, if necessary, appealing from the order determining that motion.
The allegations made by appellant regarding the events which occurred subsequent to the entry of the final judgment are not part of the record on the appeal from the final judgment and must, in the first instance, be presented to the District Court by way of a motion to vacate the warrant pursuant to RPAPL 749 (3).
ENTER:
Paul Kenny
Chief Clerk