| Smulczeski v Smulczeski |
| Motion No: 2013-00970 |
| Slip Opinion No: 2013 NY Slip Op 77177(U) |
| Decided on June 19, 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. |
Appellate Division: Second Judicial Department
M158166
E/sl
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2013-00970, 2013-05787 Susan Smulczeski, appellant, v Richard Smulczeski, respondent. (Index No. 26989/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated November 26, 2012, and a judgment of the same court entered January 29, 2013, pending hearing and determination of appeals therefrom. Cross motion by the respondent to dismiss the appeal from the judgment on the ground that it is not "in appealable form," and to vacate an order on application of this Court dated May 30, 2013, which granted the appellant's application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion and the cross motion are denied.
DILLON, J.P., DICKERSON, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court