Appellate Division: Second Judicial Department

M93403

J/sl

FRED T. SANTUCCI, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2009-08503 Pasquale Sicuranza, respondent, v Joan McDonald, appellant. (Index No. 39100-07)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated October 14, 2009, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant to deem the notice of appeal from an order of the Supreme Court, Suffolk County, dated July 28, 2009, to be a notice of appeal from a judgment of the same court dated July 28, 2009, and to stay the respondent from transferring a deed to the subject premises, performing construction on the subject premises, or obtaining building permits for the subject premises, pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is to deem the notice of appeal from the order dated July 28, 2009, to be a notice of appeal from the judgment dated July 28, 2009 (see CPLR 5512), is granted; and it is further,

ORDERED that the branch of the motion which is for a stay is denied.

SANTUCCI, J.P., CHAMBERS, HALL and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court