Ayre v. Ayre

Appellate Division of the Supreme Court of New York

Ayre v. Ayre

29 A.D.3d 500, 813 N.Y.S.2d 674

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 2, 2006

StatusPublished

This text of 29 A.D.3d 500 (Ayre v. Ayre) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ayre v. Ayre, 29 A.D.3d 500, 813 N.Y.S.2d 674 (N.Y. Ct. App. 2006).

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Opinion

In an action for a divorce and ancillary relief, Lisa Daniels appeals, as limited by her brief, from stated portions of an order of the Supreme Court, Nassau County (Balkin, J.), dated January 24, 2005, which, inter alia, denied that branch of her motion which was to quash a subpoena dated November 4, 2004, as academic, and granted that branch of the plaintiffs cross motion which was to compel her to appear for a deposition pursuant to a subpoena dated December 22, 2004, issued after the plaintiff withdrew the subpoena dated November 4, 2004.

Ordered that the appeal from so much of the order as granted that branch of the cross motion which was to compel the appellant to appear for a deposition pursuant to the subpoena dated December 22, 2004, is dismissed as academic; and it is further,

Ordered that the order is affirmed insofar as reviewed; and it is further,

Ordered that one bill of costs is awarded to the respondent.

The appeal from so much of the order as granted that branch of the cross motion which was to compel the appellant to appear for a deposition pursuant to the subpoena dated December 22, 2004, has been rendered academic. Accordingly to the oral representations of the parties’ respective counsel upon argument of this appeal, that subpoena was withdrawn on June 28, 2005.

The appellant’s remaining contentions are without merit. Schmidt, J.P., Skelos, Lunn and Dillon, JJ., concur.

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In an action for a divorce and ancillary relief, Lisa Daniels appeals, as limited by her brief, from stated portions of an order of the Supreme Court, Nassau County (Balkin, J.), dated January 24, 2005, which, inter alia, denied that branch of her motion which was to quash a subpoena dated November 4, 2004, as academic, and granted that branch of the plaintiffs cross motion which was to compel her to appear for a deposition pursuant to a subpoena dated December 22, 2004, issued after the plaintiff withdrew the subpoena dated November 4, 2004.

Ordered that the appeal from so much of the order as granted that branch of the cross motion which was to compel the appellant to appear for a deposition pursuant to the subpoena dated December 22, 2004, is dismissed as academic; and it is further,

Ordered that the order is affirmed insofar as reviewed; and it is further,

Ordered that one bill of costs is awarded to the respondent.

The appeal from so much of the order as granted that branch of the cross motion which was to compel the appellant to appear for a deposition pursuant to the subpoena dated December 22, 2004, has been rendered academic. Accordingly to the oral representations of the parties’ respective counsel upon argument of this appeal, that subpoena was withdrawn on June 28, 2005.

The appellant’s remaining contentions are without merit. Schmidt, J.P., Skelos, Lunn and Dillon, JJ., concur.

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Bluebook (online)

29 A.D.3d 500, 813 N.Y.S.2d 674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ayre-v-ayre-nyappdiv-2006.