| McKibbin v McKibbin |
| Motion No: 2004-10083 +1 |
| Slip Opinion No: 2006 NYSlipOp 65093(U) |
| Decided on March 15, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M35272
S/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
|
2004-10083, 2005-07150 Corey McKibbin, appellant, v Linda McKibbin, respondent. (Index No. 21601-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from a decision of the Supreme Court, Suffolk County, dated October 19, 2004, and an order of the same court dated July 12, 2005, to stay enforcement of the order dated July 12, 2005, pending hearing and determination of the appeals.
By decision and order on motion of this court dated August 16, 2005, the appellant was directed to make an application to the Surrogate's Court for the appointment of a personal representative for the deceased defendant former wife (see CPLR 1015[a]; 1021), and the appeals and the motion were held in abeyance pending the appointment of a personal representative. A personal representative has now been appointed.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion the appeal from the decision (Appellate Division Docket No. 2004-10083) is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the branch of the motion which is to stay the entry or enforcement of any judgment to be entered upon the order dated July 12, 2005, is granted, and pending hearing and determination of the appeal entry or enforcement of any judgment entered upon the order dated July 12, 2005, is stayed, on condition that the appeal is perfected on or before April 17, 2006; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 17, 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 as academic.
PRUDENTI, P.J., FLORIO, KRAUSMAN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court