Appellate Division: Second Judicial Department

M70891

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

HOWARD MILLER

MARK C. DILLON, JJ.

2008-03034 Carol Watson, respondent, v Lenox Pascal, appellant, et al., defendant. (Index No. 02-13496)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay enforcement of a judgment of the Supreme Court, Westchester County, dated May 5, 2008, 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 notice of appeal from a decision of the same court entered February 15, 2008, is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]); and it is further,

ORDERED that the motion is granted, and enforcement of the judgment is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 15, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 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.

SPOLZINO, J.P., RITTER, MILLER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court