Appellate Division: Second Judicial Department

M41922

C/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2006-05955, 2006-05956 In the Matter of Stephanie C. (Anonymous), respondent, v Allen P.W. K. (Anonymous), appellant. (Docket No. P-5805-05)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Family Court, Kings County, both dated May 23, 2006, to consolidate the appeals and to stay the enforcement of the orders pending hearing and determination of the 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 appeal from the first order dated May 23, 2006, which, inter alia, dismissed an order to show cause signed April 4, 2006 (Appellate Division Docket No. 2006-05955), is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right (see Family Court Act 1112[a]), and we decline to grant leave to appeal; and it is further,

ORDERED that on the court's own motion, leave to appeal from the second order dated May 23, 2006, which, inter alia, dismissed the appellant's objections to a nonfinal order of the Support Magistrate dated February 16, 2006 (Appellate Division Docket No. 2006-05956) is granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the second order dated May 23, 2006, is granted, and enforcement of that order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 9, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 9, 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.

KRAUSMAN, J.P., GOLDSTEIN, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court