Appellate Division: Second Judicial Department

M91854

S/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2008-08787, 2008-09476, 2008-09477, 2009-06873 Lisa Sicurelli, respondent, v Robert Sicurelli, appellant. (Index No. 12169/99)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated August 13, 2009, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by Robert Sicurelli for leave to appeal to this court from stated portions of an order of the Supreme Court, Nassau County, dated June 26, 2009, to stay all proceedings in the above-entitled action pending hearing and determination of the appeal, and to consolidate the appeal with appeals from an order of the same court dated September 11, 2008, and two judgments of the same court, both dated September 16, 2008.

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

ORDERED that the branches of the motion which are for leave to appeal from stated portions of the order dated June 26, 2009, and to stay all proceedings in the above-entitled action are denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is granted to the extent that the appeal from the portion of the order dated June 26, 2009, which is appealable as of right, will be calendared with the appeals from the order dated September 11, 2008, and the two judgments dated September 16, 2008, and will be argued or submitted on the same day, and that branch of the motion is otherwise denied.

FLORIO, J.P., MILLER, DICKERSON and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court