Pappas v Pappas
Motion No: 2010-09650
Slip Opinion No: 2010 NY Slip Op 85204(U)
Decided on October 18, 2010
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M109610

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

FRED T. SANTUCCI

SANDRA L. SGROI, JJ.

2010-09650

Maria Pappas, respondent,

v Anthony Pappas, appellant.

(Index No. 203531/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, entered September 15, 2010, pending hearing and determination of an appeal therefrom.

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

ORDERED that on the court's own motion, the notice of appeal is also deemed to be an application for leave to appeal from so much of the order entered September 15, 2010, as sua sponte vacated a so-ordered stipulation dated March 31, 2009, and leave to appeal is granted (see CPLR 5701); and it is further,

ORDERED that the motion is denied.

RIVERA, J.P., COVELLO, SANTUCCI and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court