Ferri v Ferri
Motion No: 2009-03889
Slip Opinion No: 2009 NY Slip Op 72774(U)
Decided on May 19, 2009
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M86871

E/sl

ROBERT A. SPOLZINO, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2009-03889

Sam Ferri, respondent-appellant,

v Anthony Ferri, et al., defendants,

Donna Ferri, appellant-respondent.

(Index No. 08-18766)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent, in effect, to stay enforcement of an order of the Supreme Court, Westchester County, entered March 31, 2009, pending hearing and determination of an appeal and cross appeal therefrom.

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 enforcement of the order is stayed pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before June 18, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 18, 2009, the court, on its own motion, may vacate the stay, or the respondent-appellant may move to vacate the stay, on three days notice.

SPOLZINO, J.P., ANGIOLILLO, CHAMBERS and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court