Appellate Division: Second Judicial Department

M45902

C/sl

HOWARD MILLER, J.P.

REINALDO E. RIVERA

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2006-08654, 2006-08980, 2006-08981 Raymond Powers, respondent, v Catherine Wilson, appellant. (Index No. 03-1903)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from (1) an order of the Supreme Court, Westchester County, dated August 15, 2006, (2) findings of fact and conclusions of law of the same court also dated August 15, 2006, and (3) a judgment of the same court also dated August 15, 2006, in effect, to stay the enforcement of stated portions of the judgment pending hearing and determination of the appeals, and for leave to prosecute the appeals on the original papers.

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 findings of fact and conclusions of law dated August 15, 2006 (Appellate Division Docket No. 2006-08980) is dismissed, without costs or disbursements, on the ground that no appeal lies therefrom (see Benedetto v O'Grady,10 AD2d 628); and it is further,

ORDERED that the branch of the motion which is, in effect, to stay the enforcement of stated portions of the judgment is denied; and it is further,

ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted; the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other.

MILLER, J.P., RIVERA, LIFSON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court