McMahan v McMahan
Motion No: 2013-07359
Slip Opinion No: 2013 NY Slip Op 81521(U)
Decided on August 5, 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

M160316

S/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2013-07359

David Bruce McMahan, plaintiff,

v Elena McMahan, defendant.

(Index No. 05-399)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to this Court from an order of the Supreme Court, Westchester County, dated July 17, 2013, and to stay all proceedings in a matter entitled David Bruce McMahan v Elena McMahan, pending in the Circuit Court of the Tenth Judicial Circuit, Polk County, Florida, under case number 2012DR-005716, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., SKELOS, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court