Appellate Division: Second Judicial Department

M34708

T/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-11764, 2006-00085, 2006-00086 In the Matter of Elaine Sassower-Berlin, petitioner, v Stephen Berlin, respondent. (Docket Nos. V-11995-04, V-11996-04, V-11997-04)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to appeal to this court from an order of the Family Court, Nassau County, dated April 8, 2005 (Appellate Division Docket No. 2006-00085), an amended order of the same court dated September 30, 2005 (Appellate Division Docket No. 2006-00086), and an order of the same court entered December 12, 2005 (Appellate Division Docket No. 2005-11764), and to stay enforcement of the orders and the amended order pending hearing and determination of the appeals.

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

ORDERED that the branch of the motion which is for leave to appeal to this court from the order entered December 12, 2005 (Appellate Division Docket No. 2005-11764), is granted; and it is further,

ORDERED that the branches of the motion which are to stay enforcement of the order dated April 8, 2005, and the amended order dated September 30, 2005, are granted, on condition that the appeal from the order entered December 12, 2005, is perfected on or before March 10, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 10, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

H. MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court