| Smith v Smith |
| Motion No: 2013-10681 |
| Slip Opinion No: 2013 NY Slip Op 94014(U) |
| Decided on December 12, 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
M166768
E/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2013-10681 Alicia Smith, respondent, v Dale Smith, appellant. (Index No. 53925/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 21, 2013. Cross motion by the respondent to dismiss the appellant's motion for failure to serve the order to show cause initiating appellant's motion in accordance with its terms, to impose a sanction upon the appellant, and for an award of costs and an attorney's fee.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the cross motion which is to dismiss the appellant's motion is granted, and the motion is dismissed; and it is further,
ORDERED that the cross motion is otherwise denied.
RIVERA, J.P., LEVENTHAL, HALL and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court