Candea v Candea
Motion No: 2017-10208
Slip Opinion No: 2017 NY Slip Op 92908(U)
Decided on November 21, 2017
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

M241684

E/ct

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

BETSY BARROS, JJ.

2017-10208

Toni Candea, respondent,

v Robert E. Candea, Jr., appellant.

(Index No. 2310/15)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPLR 5520 to deem the notice of appeal dated September 13, 2017, to be from an order of the Supreme Court, Orange County, dated September 13, 2017, and to stay enforcement of stated portions of the order pending hearing and determination of the appeal.

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

ORDERED that the motion is granted to the extent that the notice of appeal dated September 13, 2017, is deemed to be from the order dated September 13, 2017; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., COHEN, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court