KRISTEN GELLMAN V CHARLES PRIORE
Motion No: CA 16-00845
Slip Opinion No: 2016 NY Slip Op 77512(U)
Decided on June 22, 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.


June 22, 2016

PRESENT: WHALEN, P.J., SMITH, CARNI, DEJOSEPH, AND CURRAN, JJ.

DOCKET NO. CA 16-00845

KRISTEN GELLMAN, PLAINTIFF-APPELLANT,

V

CHARLES PRIORE, DEFENDANT-RESPONDENT.


Appellant having moved pursuant to CPLR 5519 (c), upon the return of an order to show cause granted by the Honorable John M. Curran granted on May 12, 2016, for a discretionary stay of enforcement of the order of Supreme Court entered in the Office of the Clerk of the County of Erie on April 22, 2016,

Now, upon reading and filing the affirmation of Jason R. DiPasquale, Esq., received May 13, 2016, said show cause order with proof of service thereof, the affirmation of Catherine E. Nagel, Esq., dated June 3, 2016, and the affirmation of John J. Gilmour, Esq., dated June 3, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and all proceedings to enforce the order entered April 22, 2016, are hereby stayed pending the hearing and determination of the appeal taken herein.

Entered: June 22, 2016

Frances E. Cafarell, Clerk