Appellate Division: Second Judicial Department

M73922

T/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

JOSEPH COVELLO

ARIEL E. BELEN, JJ.

2008-06511 Maureen Badillo, appellant, v William Badillo, respondent. (Index No. 19619-05)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to appeal to this court from a judgment of the Supreme Court, Suffolk County, dated June 11, 2008, and to stay enforcement of the judgment 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 to this court is denied as unnecessary, as the judgment is appealable as of right (see CPLR 5701[a][1]); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the judgment 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 August 28, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 28, 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.

RIVERA, J.P., MILLER, COVELLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court