Opinion
DOCKET NO. CA 17-01559
10-17-2017
JENNIFER HAGGERTY, PLAINTIFF-APPELLANT, v. RYAN HAGGERTY, DEFENDANT-RESPONDENT.
PRESENT:
Appellant having moved to stay enforcement of a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 22, 2017, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of William R. Hites, Esq., sworn to August 31, 2017, the notice of motion with proof of service thereof, the affidavit of Mary Anne Connell, Esq., sworn to September 11, 2017, and the affidavit of Ryan Haggerty sworn to September 14, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to an application for an automatic stay pursuant to CPLR 5519 (a) (2), (3) in Supreme Court (see Kightlinger v Kightlinger, 231 AD2d 969).
Entered: October 17, 2017
Mark W. Bennett, Clerk