Appellate Division: Second Judicial Department

M55330

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

GLORIA GOLDSTEIN

MARK C. DILLON, JJ.

2007-03185, 2007-03585 Dafna Bibas, respondent-appellant, v Charles Bibas, appellant-respondent. (Appeal No. 1) Dafna Bibas, respondent, v Charles Bibas, appellant. (Appeal No. 2) (Index No. 201760/04)

DECISION & ORDER ON MOTION

Motion by Charles Bibas for leave to prosecute an appeal from an order of the Supreme Court, Nassau County, dated March 22, 2007 (Appeal No. 1), as a poor person and for the assignment of counsel. Separate motion by Charles Bibas, inter alia, for (1) leave to appeal from an order of the same court dated April 10, 2007 (Appeal No. 2), (2) in effect, to amend so much of a decision and order on motion of this court dated May 1, 2007, as conditioned a stay of the distribution of money from a certain escrow account upon his perfection of the appeal from the order dated March 22, 2007, on or before May 31, 2007, and (3)to stay enforcement of the order dated April 10, 2007, pending hearing and determination of the appeal. Cross motion by Dafna Bibas to recall and vacate so much of the decision and order on motion of this court dated May 1, 2007, as stayed the distribution of money from the escrow account.

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

ORDERED that the cross motion is granted, and so much of the decision and order on motion of this court dated May 1, 2007, as stayed the distribution of money from the escrow account is recalled and vacated; and it is further,

ORDERED that the motion for leave to prosecute the appeal from the order dated March 22, 2007, as a poor person and for the assignment of counsel is denied; and it is further,

ORDERED that the branch of the separate motion which is for leave to appeal from the order dated April 10, 2007, is granted; and it is further,

ORDERED that the branch of the separate motion which is, in effect, to amend so much of the decision and order on motion dated May 1, 2007, as conditioned a stay of the distribution of money from the escrow account upon perfection of the appeal on or before May 31, 2007, is denied as academic in light of the determination in the cross motion; and it is further,

ORDERED that the separate motion is otherwise denied.

RIVERA, J.P., SPOLZINO, GOLDSTEIN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court