Appellate Division: Second Judicial Department

M34756

D/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-10589 Helene Friedman, respondent, v Steven Friedman, appellant. (Index No. 3389/02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 13, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant, in effect, to deem the notice of appeal from a so-ordered transcript of the Supreme Court, Queens County, dated October 7, 2005, as a premature notice of appeal from an order of the same court dated November 22, 2005, entered upon the transcript, and to stay enforcement of an order of the same court dated December 9, 2002, as well as all further proceedings in the Supreme Court relating to child support, maintenance, or any other financial issues, pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is to deem the notice of appeal from the so-ordered transcript dated October 7, 2005, as a premature notice of appeal from the order dated November 22, 2005, entered upon the transcript, is granted; and it is further,

 ORDERED that the branch of the motion which is to stay enforcement of the order dated December 9, 2002, pending hearing and determination of the appeal is denied; and it is further,

ORDERED that the motion is otherwise denied.

COZIER, J.P., RITTER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court