Appellate Division: Second Judicial Department

M65614

E/sl

WILLIAM F. MASTRO, J.P.

STEVEN W. FISHER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2008-00624 Steven Karathanos, respondent, v Nigina Karathanos, appellant. (Index No. 202436/06)

DECISION & ORDER ON MOTION

Motion by Nigina Karathanos for leave to appeal to this court from an order of the Supreme Court, Nassau County, entered January 18, 2008, and to stay all proceedings in the above-entitled action 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 is granted to the extent that leave to appeal is granted from so much of the order as precluded Nigina Karathanos from presenting a case with respect to the issue of grounds for divorce; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings is granted to the extent that all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal from the order entered January 18, 2008, as well as an appeal from an order of the same court entered November 21, 2007 (Appellate Division Docket No. 2007-10800), on condition that the appeals are perfected on or before March 3, 2008; and it is further,

ORDERED that in the event the appeals are not perfected on or before March 3, 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.

MASTRO, J.P., FISHER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court