Appellate Division: Second Judicial Department

M96117

E/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

SANDRA L. SGROI, JJ.

2009-10535 In the Matter of Crystal Deazle, respondent- appellant, v Darrin Miles, appellant-respondent. (Docket No. F-34629/05)

DECISION & ORDER ON MOTION

Motion by Darrin Miles for leave to appeal to this court from an order of the Family Court, Kings County, dated October 7, 2009, and, inter alia, to stay all proceedings in the above-entitled matter pending hearing and determination of the appeal. Cross motion by Crystal Deazle for leave to appeal to this court from the order dated October 7, 2009, in the event that the court grants that branch of the motion which is for leave to appeal.

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

ORDERED that the branch of the motion which is for leave to appeal and the cross motion for leave to appeal are granted; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings is granted, and all proceedings in the above-entitled matter are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 15, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 15, 2010, the court, on its own motion, may vacate the stay, or Crystal Deazle may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

COVELLO, J.P., ANGIOLILLO, BALKIN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court