Appellate Division: Second Judicial Department

M116375

E/sl

JOSEPH COVELLO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2011-00205 Emigrant Mortgage Company, Inc., appellant, v Doris M. Fisher, respondent, et al., defendants. (Index No. 15658/09)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated December 10, 2010, pending hearing and determination of an appeal therefrom, and to enlarge the record to include certain correspondence and affidavits.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from so much of the order as directed the respondent to make certain payments and show proof of excessive medical bills is deemed an application for leave to appeal, and leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which is for a stay is granted, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 4, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 4, 2011, 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 branch of the motion which is to enlarge the record to include certain correspondence and affidavits is denied.

COVELLO, J.P., DICKERSON, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court