Appellate Division: Second Judicial Department

M58962

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2005-04360, 2005-06941, 2005-06943 In the Matter of Virginia Lupoli, etc., respondent, v Nicholas Lupoli, etc., appellant. (Index No. 29089/02)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from three orders of the Supreme Court, Queens County, dated September 15, 2004, March 30, 2005, and June 30, 2005, respectively, inter alia, to hold the appeals in abeyance. Cross motion by the respondent to stay submission of the appeals pending determination of his motion by the Supreme Court, Queens County, in the above-entitled action, or, in the alternative, to dismiss the appeals.

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

ORDERED that the motion is granted to the extent that the appeals are held in abeyance until October 26, 2007, and the parties shall advise this court if the stipulation of settlement is approved by the Supreme Court, Queens County, and the motion is otherwise denied; and it is further,

ORDERED that on the court's own motion the appellant's prior motion for leave to serve and file a replacement brief or to enlarge the time to serve and file a reply brief is held in abeyance until October 26, 2007, pending communications from the parties regarding the status of the stipulation of settlement; and it is further,

ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court