Appellate Division: Second Judicial Department

M93451

E/sl

MARK C. DILLON, J.P.

ARIEL E. BELEN

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2009-09628, 2009-09629 Morgan Delijani, respondent, v Parham Delijani, appellant. (Index No. 4785/99)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of two orders of the Supreme Court, Nassau County, dated September 2, 2009, and September 30, 2009, respectively, as well as all proceedings in the above-entitled action, pending hearing and determination of appeals from the orders, and to dismiss the above-entitled action.

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

ORDERED that on the court's own motion the notice of appeal from the order dated September 30, 2009, is deemed to be an application for leave to appeal to this court from that order, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the orders as well as all proceedings in the above-entitled action is granted, and enforcement of the orders dated September 2, 2009, and September 30, 2009, respectively, and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before November 23, 2009; and it is further,

ORDERED that in the event the appeals are not perfected on or before November 23, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., BELEN, AUSTIN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court