Opinion
DOCKET NO. CA 13-00349
04-12-2013
ANDREA L. HENDERSHOT, PLAINTIFF-RESPONDENT, v. PAUL S. HENDERSHOT, DEFENDANT-APPELLANT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Ontario on February 14, 2013, pending the hearing and determination of the appeal taken herein, and having moved to expedite the appeal from the order entered February 14, 2013,
Now, upon reading and filing the affirmation of Michael A. Jones, Jr., Esq., dated February 14, 2013, the notice of motion with proof of service thereof, the affirmation of Susan Gray Jones, Esq., dated March 1, 2013, and the affirmation of Arthur A. Petronio, Esq., dated March 1, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks a stay is denied, and
It is further ORDERED that motion insofar as it seeks to expedite the appeal is dismissed as premature (see 22 NYCRR 1000.10 [d]).
Frances E. Cafarell, Clerk