Appellate Division: Second Judicial Department

M127751

E/ct

ANITA R. FLORIO, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

JEFFREY A. COHEN, JJ.

2011-07113, 2011-07115 In the Matter of John Lebron, appellant, v Morna Lebron, respondent. (Docket Nos. V-11340/10, V-23461/10, V-23462/10)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Queens County, dated July 12, 2011, and a decision of the same court dated July 11, 2011, pending hearing and determination of appeals 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 appeal from the decision (Appellate Division Docket No. 2011-07115) 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 to the extent that enforcement of the order is stayed pending hearing and determination of the appeal from the order on condition that the appeal from the order is perfected on or before November 23, 2011, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 23, 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.

FLORIO, J.P., DICKERSON, CHAMBERS and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court