Appellate Division: Second Judicial Department

M119264

E/ct

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2010-09190, 2011-03383 Emlyn Nieves, respondent, v Richard Vega, appellant. (Index No. 200644/10)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated March 17, 2011, to stay enforcement of so much of the order as directed a hearing on the issue of his pendente lite maintenance and child support obligations or to stay his pendente lite obligations, except his child support obligation, to stay enforcement of so much of the order dated March 17, 2011, as directed him to pay an attorney's fee in the sum of $8,000, and to calendar the appeal from the order dated March 17, 2011, together with an appeal from an order of the same court dated August 19, 2010.

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 from so much of the order dated March 17, 2011 (Appellate Division Docket No. 2011-03383), as directed a hearing on the issue of the appellant's pendente lite maintenance and child support obligations is denied; and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right from so much of the order dated March 17, 2011, as directed a hearing on the issue of the appellant's pendente lite maintenance and child support obligations is dismissed, without costs or disbursements (see Bagdy v Progresso Foods Corp., 86 AD2d 589); and it is further,

ORDERED that the branch of the motion which is to calendar the appeals together is granted on condition that the appellant perfect the appeal from the order dated March 17, 2011, on or before May 31, 2011; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court