| KATHLEEN M. MUSSMACHER, NOW KNOWN AS KATHLEEN M. WINTERS V RICHARD C. MUSSMACHER |
| Motion No: CA 19-02065 |
| Slip Opinion No: 2019 NY Slip Op 85533(U) |
| Decided on December 2, 2019 |
| 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, PERADOTTO, AND CARNI, JJ.
CA 19-02065
| KATHLEEN M. MUSSMACHER, NOW KNOWN AS KATHLEEN M.
WINTERS, PLAINTIFF-RESPONDENT, V RICHARD C. MUSSMACHER, DEFENDANT-APPELLANT. |
Appellant having moved for a stay of all proceedings to enforce an order of the Supreme Court, Oneida County, entered October 28, 2019, pending the hearing and determination of the appeal taken herein, and for other relief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied insofar as it seeks a stay of proceedings without prejudice to a motion in Supreme Court pursuant to CPLR 2201 (see Rhodes v Mosher, 115 AD2d 351 [4th Dept 1985]), and
It is further ORDERED that the motion is otherwise denied.
Entered: December 2, 2019
Mark W. Bennett
Clerk of the Court