Boyd v. Caine

Full title: Richard Boyd, Respondent, v. Debra Caine, Appellant.

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Apr 19, 2013

2013 N.Y. Slip Op. 71535 (N.Y. App. Div. 2013)

Opinion

Motion No: 2013-00503 sc

04-19-2013

Richard Boyd, Respondent, v. Debra Caine, Appellant.

FRANCIS A. NICOLAI

, P.J.

ANGELA G. IANNACCI

HECTOR D. LaSALLE, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for a stay pending the determination of an appeal from a final judgment of the District Court of Suffolk County, Fifth District, entered March 4, 2013.

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

ORDERED that the motion is denied without prejudice to appellant moving in the District Court by order to show cause to vacate the warrant for good cause shown pursuant to RPAPL 749 (3) and, if necessary, appealing from the order determining that motion.

The allegations made by appellant regarding the events which occurred subsequent to the entry of the final judgment are not part of the record on the appeal from the final judgment and must, in the first instance, be presented to the District Court by way of a motion to vacate the warrant pursuant to RPAPL 749 (3).

ENTER:

Paul Kenny

Chief Clerk