| Feighan v Feighan |
| Motion No: 2019-01177 |
| Slip Opinion No: 2019 NY Slip Op 65673(U) |
| Decided on March 19, 2019 |
| 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. |
Appellate Division: Second Judicial Department
M261135
E/mm
REINALDO E. RIVERA, J.P.
JEFFREY A. COHEN
JOSEPH J. MALTESE
VALERIE BRATHWAITE NELSON, JJ.
|
2019-01177 Stacey Feighan, respondent, v Robert Feighan, appellant. (Index No. 53018/16)
| DECISION & ORDER ON MOTION |
Motion by Robert Feighan for leave to appeal to this Court from an order of the Supreme Court, Dutchess County, dated January 16, 2019, and to stay enforcement of so much of the order as grants that branch of Stacey Feighan's motion which is for the issuance of a subpoena to Eugenia M. Vecchio for [c]opies of the complete file(s) of as relates to Stacey Feighan and Robert E. Feighan as relates to the 2013 Robert E. Feighan Revocable Trust and the 2016 Robert E. Feighan Revocable Trust, and to stay enforcement of the subpoena dated January 22, 2019, issued pursuant to the order dated January 16, 2019, 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 branch of the motion which is for leave to appeal is denied as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of so much of the order as grants that branch of Stacey Feighan's motion which is for the issuance of a subpoena to Eugenia M. Vecchio for [c]opies of the complete file(s) of as relates to Stacey Feighan and Robert E. Feighan as relates to the 2013 Robert E. Feighan Revocable Trust and the 2016 Robert E. Feighan Revocable Trust, and to stay the enforcement of the subpoena dated January 22, 2019, issued pursuant to the order dated January 16, 2019, is granted and enforcement of that portion of the order and of the subpoena is granted, pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 18, 2019; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 18, 2019, the Court, on its own motion, may vacate the stay, without further notice, or Stacey Feighan may move to vacate the stay, on three days notice.
RIVERA, J.P., COHEN, MALTESE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court