Appellate Division: Second Judicial Department

M66217

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2008-00374 Lisa Sicurelli, respondent, v Robert Sicurelli, Jr., appellant. (Index No. 12169/99)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay enforcement of an order of the Supreme Court, Nassau County, entered December 11, 2007, pending hearing and determination of an appeal therefrom.

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

ORDERED that on the court's own motion, the appeal from so much of the order as directs a hearing on the issue of whether to hold the appellant in contempt for failure to pay maintenance is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that does not affect a substantial right (see CPLR 5701[a],[c]; Espie v Murphy, 35 AD3d 346), and we decline to grant leave to appeal; and it is further,

ORDERED that the motion is granted to the extent that enforcement of so much of the order as directed the appellant to release to the respondent all money "representing her share of the marital patent" is stayed, pending hearing and determination of the appeal on condition that (1) the appeal is perfected on or before March 17, 2008, and (2) all proceeds received by the appellant from settlement of an action entitled Sicurelli v Jeneric Pentrom, Inc., commenced in the United States District Court, Eastern District of New York, under Index No. CV-03-4934, be deposited in an interest-bearing escrow account with Del Vecchio & Recine, LLP, attorney for the respondent, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appellant does not comply with the foregoing conditions, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

RIVERA, J.P., SANTUCCI, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court