Appellate Division: Second Judicial Department

M53448

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2007-02817 Marlene LaRochelle, respondent, v Alix LaRochelle, appellant. (Index No. 38148/05)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to appeal to this court from an order of the Supreme Court, Kings County, dated December 8, 2006, and to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal to this court is denied as unnecessary as the order is appealable as of right (see CPLR 5701[a][2][iv]); and it is further,

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action, including the trial, is granted to the extent that the trial is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 21, 2007, and that branch of the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 21, 2007, 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.

MILLER, J.P., RITTER, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court