Opinion
DOCKET NO. CA 13-00623
05-20-2013
LISA M. GUY, PLAINTIFF-RESPONDENT, v. ERIC E. GUY, DEFENDANT-APPELLANT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved, pursuant to CPLR 5519 (c), for a stay of all proceedings to enforce the judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 9, 2013, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavits of Justin S. White, Esq., sworn to March 13, 2013, and April 16, 2013, the affidavit of Eric Guy sworn to February 21, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to appellant obtaining an automatic stay of enforcement, pursuant to CPLR 5519 (a) (3), of the judgment entered January 9, 2013, to the extent that it directs appellant to pay arrears (see Kightlinger v Kightlinger, 231 AD2d, 969; cf. McKiernan v McKiernan, 223 AD2d 917).
Frances E. Cafarell, Clerk