Appellate Division: Second Judicial Department

M46617

O/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA, JJ.

2006-07032 Anthony Russo, et al., plaintiffs, Louis Forrisi, appellant, v City of New York, et al., defendants; Bonita E. Zelman, nonparty-respondent. (Index No. 11977/97)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a decision of the Supreme Court, Kings County, dated June 13, 2006, to stay enforcement of an order of the Supreme Court, Kings County, dated June 23, 2006, pending hearing and determination of the appeal, and separate motion by the nonparty respondent to dismiss the appeal on the ground that no appeal lies from a decision.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that on the court's own motion, the notice of appeal from the decision is deemed to be a premature notice of appeal from the order (see CPLR 5520[c]); and it is further,

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the motion to stay enforcement of the order is granted and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 6, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 6, 2006, the court, on its own motion, may vacate the stay, or the nonparty-respondent may move to vacate the stay, on three days notice.

FLORIO, J.P., ADAMS, KRAUSMAN and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court