Appellate Division: Second Judicial Department

M83306

E/cb

A. GAIL PRUDENTI, P.J.

PETER B. SKELOS

MARK C. DILLON

RUTH C. BALKIN, JJ.

2009-00943 Esther York, appellant, v Joseph York, respondent. (Index Nos. 10224/93, 11853/98)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including certain hearings and the submission of a certain post-trial brief, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated January 23, 2009.

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

ORDERED that the motion is granted, and all proceedings in the above-entitled action, including the hearings set forth in the decision and judgment of this court dated March 18, 2008, and the submission of the post-trial brief, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 6, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 6, 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 respondent shall serve and file his brief, if any, on or before May 11, 2009; and it is further,

ORDERED that the appellant shall serve and file her reply brief, if any, on or before May 26, 2009; and it is further,

ORDERED that on the court's own motion, the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other.

PRUDENTI, P.J., SKELOS, DILLON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court