Appellate Division: Second Judicial Department

M108396

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2010-07562 Daniel Silber, appellant, v Eda Silber, respondent. (Index No. 200532/06)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated July 21, 2010, to stay enforcement of the order pending hearing and determination of the appeal, and for a preference in the calendaring 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 for leave to appeal is denied as unnecessary as the order is appealable as of right (see CPLR 5701[a]), and a timely notice of appeal has been filed; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order is granted to the extent that all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 18, 2010, and that branch of the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 18, 2010, 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 respondent shall serve and file her brief, if any, on or before November 22, 2010; and it is further,

ORDERED that the appellant shall serve and file his reply brief, if any, on or before December 7, 2010; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., DICKERSON, ENG and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court