Appellate Division: Second Judicial Department

M108978

E/sl

FRED T. SANTUCCI, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2010-08627 Gladys Murphy, plaintiff-respondent, v Julia Baldari, defendant third-party plaintiff- appellant, et al., defendants; John Murphy, et al., third-party defendants-respondents. (Action No. 1) Option One Mortgage Corp., respondent, v Julia Baldari, appellant, et al., defendant. (Action No. 2) (Index Nos. 13771/03, 10948/02)

DECISION & ORDER ON MOTION

Motion by Julia Baldari to stay enforcement of a judgment of the Supreme Court, Richmond County, dated July 26, 2010, pending hearing and determination of an appeal therefrom, and to amend the notice of appeal to correctly identify herself as the appellant.

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

ORDERED that the motion is granted; and it is further,

ORDERED that enforcement of the judgment dated July 26, 2010, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 29, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 29, 2010, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the notice of appeal is amended to correctly identify Julia Baldari as the appellant (see CPLR 2001;Matter of Tagliaferri v Weiler, 1 NY3d 605).

SANTUCCI, J.P., BALKIN, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court