| MICHAEL C. WEIDNER V LISA FIX WEIDNER |
| Motion No: CA 14-01948 |
| Slip Opinion No: 2015 NY Slip Op 88359(U) |
| Decided on October 21, 2015 |
| 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, PERADOTTO, AND LINDLEY, JJ.
DOCKET NO. CA 14-01948
| MICHAEL C. WEIDNER, PLAINTIFF-RESPONDENT, V LISA FIX WEIDNER,
DEFENDANT-APPELLANT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Stephen K. Lindley on August 19, 2015, for a stay of child support payments pursuant to a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 30, 2013, and having moved for recoupment of overpayment of maintenance, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of Michael J. Crosby, Esq, dated August 12, 2015, the affidavit of Lisa Fix sworn to August 12, 2015, said show cause order with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seek a stay is granted, upon the posting of an undertaking in the amount of $250.00, and
It is further ORDERED that motion insofar far as it seeks recoupment of overpayment of maintenance is denied without prejudice to this Court's decision on this appeal.
Entered: October 21, 2015
Frances E. Cafarell, Clerk