Appellate Division: Second Judicial Department

M85375

E/nl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

HOWARD MILLER

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

Appeals by Kelly Makara and Karen Khan from 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. By decision and order on motion dated January 8, 2009, those portions of the order and order and judgment as awarded the plaintiff-respondent and nonparty-respondent costs and attorneys fees, and imposed sanctions upon defendant-appellant and nonparty-appellant were stayed, pending hearing and determination of the appeals on condition that the appeals were perfected on or before February 9, 2009. The appeals have not been perfected and the appellants have not sought an enlargement of time to perfect.

Now, on the court's own motion, it is

ORDERED that the stay granted by the decision and order on motion dated January 8, 2009, is vacated forthwith.

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

ENTER:

James Edward Pelzer

Clerk of the Court