Appellate Division: Second Judicial Department

M64772

E/nl

DAVID S. RITTER, J.P.

ROBERT A. LIFSON

DANIEL D. ANGIOLILLO

EDWARD D. CARNI, JJ.

2007-11792, 2007-11793 Gregory J. Tarone, appellant, v Madeline K. Tarone, respondent. (Index No. 1265-02)

DECISION & ORDER ON MOTION

Motion by the plaintiff on an appeal from an order of the Supreme Court, Suffolk County, dated December 10, 2007 (Appellate Division Docket No. 2007-11793), to stay enforcement of that order pending hearing and determination of the appeal, for leave to appeal to this court from an order of the same court dated October 31, 2007 (Appellate Division Docket No. 2007-11792), and, inter alia, in effect, to stay enforcement of that order pending hearing and determination of the appeal. Cross motion by the respondent to impose a sanction upon the appellant and for an award of an attorney's fee, costs, and disbursements.

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

ORDERED that the branch of the motion which is for leave to appeal from so much of the order dated October 31, 2007, as determined the defendant's motion, inter alia, to restrain the plaintiff from selling certain personal property, the plaintiff's motion, inter alia, to impose a constructive trust, and the defendant's motion to direct the plaintiff "to pay counsel for the bankruptcy trustee . . . for deposit into the escrow account of the defendant's counsel the $50,000 in exempt property and other personalty belonging to the parties" is denied as unnecessary, as that portion of the order is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is for leave to appeal to this court from the remainder of the order dated October 31, 2007, is granted; and it is further,

ORDERED that on the court's own motion, the notice of appeal from the order dated December 10, 2007, is treated as an application for leave to appeal from that order and leave to appeal from that order is granted (see CPLR 5701[c]); and it is further,

ORDERED that the branch of the motion which is, in effect, to stay enforcement of the orders dated October 31, 2007, and December 10, 2007, respectively, is granted, and enforcement of the orders dated October 31, 2007, and December 10, 2007, respectively, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before February 15, 2008; and it is further,

ORDERED that in the event the appeals are not perfected on or before February 15, 2008, 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; and it is further,

ORDERED that the cross motion is denied.

RITTER, J.P., LIFSON, ANGIOLILLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court