Appellate Division: Second Judicial Department

M100849

E/sl

HOWARD MILLER, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2010-02045 Dixie Mehl, respondent-appellant, v Leon Mehl, Sr., appellant-respondent. (Index No. 09-12981)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to stay all proceedings in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Orange County, dated February 8, 2010.

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

ORDERED that the motion is granted, and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before May 5, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 5, 2010, the court, on its own motion, may vacate the stay, or the respondent-appellant may move to vacate the stay, on three days notice; and it is further,

ORDERED that the respondent-appellant shall serve and file an answering brief, including points of argument on the cross appeal, if any, on or before June 4, 2010 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the appellant-respondent shall serve and file a reply brief, if any, on or before June 24, 2010; and it is further,

ORDERED that the respondent-appellant shall serve and file a reply brief, if any, on or before July 14, 2010.

MILLER, J.P., LEVENTHAL, CHAMBERS and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court