Neuman v Phillips
Motion No: 2016-02741
Slip Opinion No: 2016 NY Slip Op 70247(U)
Decided on April 13, 2016
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

M209821

E/sl

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2016-02741, 2016-02744

Nicole Neuman, appellant,

v Paul Phillips, respondent.

(Index No. 69561/15)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the respondent from prosecuting an action for divorce and custody in the State of Utah, pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, dated February 22, 2016, and March 22, 2016, respectively, to consolidate the appeals, and for a preference in the calendaring of the appeals.

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

ORDERED that the branches of the motion which are to stay the respondent from prosecuting the action for divorce and custody in the State of Utah and for a preference in the calendaring of the appeals are denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).

ENG, P.J., LEVENTHAL, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court