| KAREN M. MARSHALL V DANIEL R. MARSHALL |
| Motion No: CA 13-00812 |
| Slip Opinion No: 2013 NY Slip Op 74579(U) |
| Decided on May 21, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 13-00812
| KAREN M. MARSHALL, PLAINTIFF-RESPONDENT, V
DANIEL R. MARSHALL, DEFENDANT-APPELLANT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Eugene M. Fahey on May 7, 2013, 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 Erie on April 3, 2013, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of Katherine J. Bestine, Esq., sworn to April 29, 2013, the affidavit of Daniel R. Marshall sworn to April 26, 2013, said show cause order with proof of service thereof, and the affidavit of Karen M. Marshall, Esq., sworn to May 1, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, except to the extent it seeks to stay dismissal of appellant's motion to vacate a judgment of divorce, on the condition that appellant gives a $50,000 undertaking.
Entered: May 21, 2013
Frances E. Cafarell, Clerk