| LUANN MINER AND RONALD MINER V HEATHER MINER AND DARRYL WELCH |
| Motion No: CA 18-00576 |
| Slip Opinion No: 2018 NY Slip Op 69532(U) |
| Decided on April 10, 2018 |
| 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, CARNI, AND CURRAN, JJ.
DOCKET NO. CA 18-00576
| LUANN MINER AND RONALD MINER, PETITIONERS-APPELLANTS, V
HEATHER MINER AND DARRYL WELCH, RESPONDENTS-RESPONDENTS. |
Appellants having moved, upon the return of an order to show cause granted by the Honorable John M. Curran on March 9, 2018, for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on February 26, 2018, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of Kathleen Gaines, Esq., sworn to March 7, 2018, said show cause order with proof of service thereof, the affirmation of Brian J. Hutchison, Esq., dated March 8, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and all proceedings to enforce the order appealed are stayed pursuant to CPLR 5519 (c), on the condition that the appeal is perfected on or before May 25, 2018, and
It is further ORDERED that if the appeal is so perfected, then it shall be added to the term of this Court commencing September 5, 2018.
Entered: April 10, 2018
Mark W. Bennett, Clerk