Appellate Division: Second Judicial Department

M80843

E/sl

STEVEN W. FISHER, J.P.

HOWARD MILLER

EDWARD D. CARNI

RUTH C. BALKIN, JJ.

2008-11426, 2008-11427 Timothy Makara, plaintiff-respondent, v Kelly Makara, defendant-appellant; Karen Khan, nonparty-appellant; Raylene Shayo, nonparty-respondent. (Index No. 7305/06)

DECISION & ORDER ON MOTION

Motion by the defendant-appellant and nonparty-appellant, inter alia, in effect, to stay enforcement of an order of the Supreme Court, Dutchess County, dated December 3, 2008, and an order and judgment (one paper) of the same court dated December 12, 2008, respectively, pending hearing and determination of appeals therefrom.

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 to stay so much of the orders as awarded the plaintiff-respondent and nonparty-respondent costs and attorneys fees, and imposed sanctions upon defendant-appellant and nonparty-appellant is granted, and those portions of the orders are stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before February 9, 2009; and it is further,

ORDERED that in the event the appeals are not perfected on or before February 9, 2009, 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.

FISHER, J.P., MILLER, CARNI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court