Appellate Division: Second Judicial Department

M120396

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2011-00564, 2011-00565 Esther York, appellant, v Joseph York, respondent. (Index Nos. 11853/98, 10224/93)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Queens County, dated December 3, 2010, and January 7, 2011, respectively, for leave to reargue those branches of her prior motion which were to stay all proceedings in the above-entitled actions and to enlarge the record to include certain material, which were determined by decision and order on motion dated February 22, 2011.

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

ORDERED that the motion for leave to reargue is granted to the extent that, upon reargument, so much of the decision and order on motion dated February 22, 2011, as denied that branch of her prior motion which was to stay all proceedings in the above-entitled actions is recalled and vacated, that branch of the prior motion is granted, and all proceedings in the above-entitled actions are stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before June 27, 2011, and the motion for leave to reargue is otherwise denied; and it is further,

ORDERED that in the event the appeals are not perfected on or before June 27, 2011, the Court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court