Stephanie Olson v David Olson X

Motion No: M-5108

Slip Opinion No: 2016 NYSlipOp 96086(U)

Decided on December 22, 2016

Appellate Division, First 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.

December 22, 2016

Stephanie Olson,

Plaintiff-Respondent,

v

David Olson, Defendant-Appellant.

An appeal having been taken from the order of the Supreme Court, New York County, entered on or about August 9, 2016, And defendant-appellant having moved for an order staying the proceedings before the special referee, pending hearing and determination of the appeal (M-5102), And defendant-appellant having moved by a separate motion for leave to prosecute the appeal as a poor person, and a free copy of the transcripts (M-5108), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motion is denied, without prejudice to defendant seeking further relief from the Supreme Court with respect to a distribution of marital assets for the sole purposes of paying counsel's fees (M-5102). The motion seeking poor person relief is denied, without prejudice to renew, upon defendant making a further showing as to financial status (M-5108). ENTERED: December 22, 2016

_____________________ DEPUTY CLERK

PRESENT: Hon. Angela M. Mazzarelli, Justice Presiding, Richard T. Andrias David B. Saxe Paul G. Feinman Judith J. Gische, Justices

M-5108

M-5102

Index No. 350024/13