Appellate Division: Second Judicial Department

M41584

E/sl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2006-02129, 2006-04247 Anastasia Gouzos Anthoulis, appellant, v Betty Mastoros, et al., respondents. (Appeal No. 1) Anastasia Gouzos Anthoulis, appellant- respondent, v Betty Mastoros, et al., respondents- appellants, Theodore Alatsas, et al., respondents. (Appeal No. 2) (Index No. 02-14577)

DECISION & ORDER ON MOTION

Motion by Anastasia Gouzos Anthoulis, the appellant in Appeal No. 1 and the appellant-respondent in Appeal No. 2, on an appeal from an order of the Supreme Court, Westchester County, dated January 18, 2006, and an appeal and cross appeals from an order of the same court dated March 15, 2006, inter alia, to stay determination of the defendants' motions for summary judgment pending hearing and determination of the appeals and cross appeals.

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 notice of appeal from the order dated January 18, 2006, is treated as an application for leave to appeal from the order dated January 18, 2006, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

ORDERED that on the court's own motion, the cross appeal by Betty Mastoros and Charalabos P. Bakalis and the separate cross appeal by Charalabos K. Bakalis from the order dated March 15, 2006, are dismissed, without costs or disbursements, on the ground that those parties are not aggrieved by that order (see CPLR 5511); and it is further,

ORDERED that the branch of the motion which is to stay determination of the defendants' motions for summary judgment is granted and determination of the defendants' motions for summary judgment is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before July 28, 2006; and it is further,

ORDERED that in the event the appeals are not perfected on or before July 28, 2006, the court, on its own motion, may vacate the stay, or the defendants may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

SCHMIDT, J.P., GOLDSTEIN, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court