| JODI CARLL V ROBERT CARLL |
| Motion No: CA 15-01954 |
| Slip Opinion No: 2016 NY Slip Op 65343(U) |
| Decided on February 24, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-01954
| JODI CARLL, PLAINTIFF-RESPONDENT, V ROBERT CARLL,
DEFENDANT-APPELLANT. |
Appellant having moved for a stay enforcement of a judgment and to hold in abeyance any collection of the arrears portion of the judgment of the Supreme Court entered in the Office of the Clerk of the County of Livingston on August 6, 2015, pending the hearing and determination of the appeal taken herein from said judgment,
Now, upon reading and filing the affidavit of Robert Carll sworn to December 9, 2016, the notice of motion with proof of service thereof, and the affirmation of Gregory J. Mott, Esq., dated December 22, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Because appellant can obtain an automatic stay (see CPLR 5519 [a] [2], [3]), a discretionary stay is not available pursuant to CPLR 5519 (c) (see Sullivan v Troser Management Inc., 30 AD3d 1118; Kightlinger v Kightlinger, 231 AD2d 969).
Entered: February 24, 2016
Frances E. Cafarell, Clerk