Appellate Division: Second Judicial Department

M38181

O/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2006-02790 In the Matter of Eugene Krymko, respondent, v Tamara Krymko, appellant. (Docket Nos. V-01461-05, V-11304-05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled matter pending hearing and determination of an appeal from an order of the Family Court, Queens County, dated February 14, 2006, and for a preference in the calendaring of the appeal.

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 appellant's notice of appeal is treated as an application for leave to appeal from the order dated February 14, 2006, and leave to appeal is granted (see Family Ct Act § 1112[a]; CPLR 5701[c]); and it is further,

ORDERED that the motion is granted; and it is further

ORDERED that all proceedings in the above-entitled matter are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 10, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 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 appeal will be calendared when fully perfected.

MILLER, J.P., RITTER, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court