Appellate Division: Second Judicial Department

M126402

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2011-08275, 2011-08276, 2011-08277 Charles Kessler, respondent, v Freda Kessler, appellant. (Index No. 05-3360)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of stated portions of a decision of the Supreme Court, Westchester County, entered March 4, 2011, a judgment of the same court dated May 4, 2011, and an order of the same court entered August 31, 2011, pending hearing and determination of an appeals therefrom.

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

ORDERED that the appeal from the decision entered March 4, 2011 (Appellate Division Docket No. 2011-08275), is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion is granted, and the order entered August 31, 2011, is stayed to the extent that the respondent's counsel shall hold in escrow the sum of $70,000 of the net proceeds from the sale of the marital premises, pending hearing and determination of the appeal, on condition that the appeals from the judgment dated May 4, 2011, and order entered August 31, 2011, are perfected on or before November 28, 2011, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeals is not perfected on or before November 28, 2011, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay on three days notice.

ANGIOLILLO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court