Appellate Division: Second Judicial Department

M91696

E/sl

HOWARD MILLER, J.P.

CHERYL E. CHAMBERS

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2009-07746 In the Matter of Stephanie Katz, petitioner- respondent, v Orya Shomron, respondent; Potruch & Daab, LLC, nonparty-appellant. (Docket Nos. V-5117/07, V-5118/07, V-29537/06, V-29538/06)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant to stay enforcement of so much of an order of the Family Court, Kings County, dated July 21, 2009, as directed it to pay an attorney's fee to the petitioner-respondent in the sum of $4,025 as well as the cost of Dr. Hymowitz's court appearance on April 24, 2008, pending hearing and determination of an appeal from those portions of the order.

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

ORDERED that on the court's own motion, the notice of appeal is deemed an application for leave to appeal from so much of the order as directed Potruch & Daab, LLC, to pay an attorney's fee to the petitioner-respondent in the sum of $4,025 as well as the cost of Dr. Hymowitz's court appearance on April 24, 2008, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

ORDERED that the motion is granted, and enforcement of so much of the order as directed Potruch & Daab, LLC, to pay an attorney's fee to the petitioner-respondent in the sum of $4,025 as well as the cost of Dr. Hymowitz's court appearance on April 24, 2008, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 13, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 13, 2009, the court, on its own motion, may vacate the stay, or the petitioner-respondent may move to vacate the stay, on three days notice.

MILLER, J.P., CHAMBERS, LOTT and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court