Appellate Division: Second Judicial Department

M96557

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 on appeals from two orders of the Supreme Court, Nassau County, dated September 2, 2009, and September 30, 2009, respectively, in effect, to amend so much of a decision and order on motion of this court dated October 22, 2009, as conditioned a stay upon the perfection of the appeals on or before November 23, 2009. Cross motion by the respondent to dismiss the notice of appeal as defective, or in the alternative, in effect, to limit the notice of appeal to appeals from the orders dated September 2, 2009, and September 30, 2009, to vacate the stay, for an award of counsel fees, and to impose a sanction upon the appellant.

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

ORDERED that on the motion is granted to the extent that the decision and order on motion dated October 22, 2009, is amended by deleting the second decretal paragraph thereof, and substituting therefor the following:

"ORDERED that the branch of the motion which is for a stay is granted to the extent that enforcement of the orders dated September 2, 2009, and September 30, 2009, respectively, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before January 25, 2010, and that branch of the motion is otherwise denied; and it is further,"

and by deleting the date "November 23, 2009," from the third decretal paragraph and substituting therefor the date "January 25, 2010"; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the notice of appeal as defective, or in the alternative, in effect, to limit the notice of appeal to appeals from the orders dated September 2, 2009, and September 30, 2009, is granted to the extent that the notice of appeal is limited to appeals from the orders dated September 2, 2009, and September 30, 2009, respectively, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the motion and cross motion are otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court