| Lee v Rogers |
| Motion No: 2013-10972 |
| Slip Opinion No: 2014 NY Slip Op 60038(U) |
| Decided on January 2, 2014 |
| 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
M167569
E/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX, JJ.
|
2013-10972 Sylvia E. Lee, appellant, v John Rogers, respondent. (Index No. 12-4389)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, entered October 10, 2013, to stay the trial in the above-entitled action, and to stay the respondent from relocating with the subject children, pending hearing and determination of an appeal from the order.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the notice of appeal is treated as an application for leave to appeal from the order entered October 10, 2013, and leave to appeal is granted (see CPLR 5701); and it is further,
ORDERED that the motion is denied.
SKELOS, J.P., BALKIN, LEVENTHAL and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court