Davidman v Davidman
Motion No: 2013-03102
Slip Opinion No: 2013 NY Slip Op 72646(U)
Decided on May 2, 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

M155731

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SYLVIA HINDS-RADIX, JJ.

2013-03102, 2013-04684

Barbara L. Davidman, respondent,

v Jeffrey Davidman, appellant.

(Index No. 17927/06)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this Court from a "cross order to show cause" of the Supreme Court, Suffolk County, dated February 14, 2013, and, inter alia, in effect, to stay all proceedings in the above-entitled action, pending hearing and determination of that appeal as well as an appeal from an order of the same court dated January 18, 2013.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from the order dated January 18, 2013, is treated as an application for leave to appeal and leave to appeal is granted; and it is further,

ORDERED that the motion is denied.

DILLON, J.P., LEVENTHAL, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court