| Frank Cudar v Elizabeth O'shea & Kevin O'shea |
| Motion No: 2008-00778 RIC |
| Slip Opinion No: 2008 NYSlipOp 75610(U) |
| Decided on June 18, 2008 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| FRANK CUDAR, Respondent, -against- ELIZABETH O'SHEA & KEVIN O'SHEA, Appellants. |
DECISION
That branch of the motion to stay enforcement of the judgment of January 14, 2008, is granted and enforcement of the judgment of January 14, 2008, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 5, 2008.
That branch of the motion by the appellant to consolidate the appeals from the order dated January 14, 2008 and the judgment entered on January 14, 2008 is denied.
On the court's own motion, appeal from the order is dismissed.
No appeal lies from an intermediate order upon entry of a judgment (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on appeal from the intermediate order are brought up for review on the appeal from the judgment (see, CPLR 5501 [a] [1]).
In the event that the above condition is not met, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on 3 days' notice.