| Cervone v Cervone |
| Motion No: 2009-06696 |
| Slip Opinion No: 2009 NY Slip Op 86121(U) |
| Decided on October 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. |
Appellate Division: Second Judicial Department
M93112
E/sl
FRED T. SANTUCCI, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
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2009-06696, 2009-09055 Roberta Joy Cervone, appellant-respondent, v Sal J. Cervone, respondent-appellant. (Appeal No. 1) Sal J. Cervone, respondent-appellant, v Roberta Joy Cervone, appellant-respondent. (Appeal No. 2) (Index Nos. 201805/03, 18416/04)
| DECISION & ORDER ON MOTION |
Motion by Sal J. Cervone on appeals and cross appeals from a judgment of the Supreme Court, Nassau County, entered June 18, 2009 (Appellate Division Docket No. 2009-09055), and a decision of the same court entered May 19, 2009 (Appellate Division Docket No. 2009-06696), inter alia, to stay enforcement of stated portions of the judgment pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal and cross appeal from the decision entered May 19, 2009 (Appellate Division Docket No. 2009-06696), are dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co.,100 AD2d 509); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of so much of the judgment (Appellate Division Docket No. 2009-09055) as directs the distribution of the sum of $46,778.81 from Sal J. Cervone's Motorola 401K account and allows Roberta Joy Cervone to enter a money judgment for the accelerated balance of the distributive award, with interest, is granted, and enforcement of those portions of the judgment are stayed pending hearing and determination of the appeal and cross appeal on condition that Sal J. Cervone perfects his appeal on or before December 14, 2009; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 14, 2009, the court, on its own motion, may vacate the stay, or Roberta Joy Cervone may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
SANTUCCI, J.P., CHAMBERS, HALL and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court