Appellate Division: Second Judicial Department

M132017

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2012-00067 Richard E. Aebly, respondent, v Regan Lally, appellant. (Index No. 202114/08)

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 October 13, 2011, and to stay enforcement of the order pending hearing and determination of the appeal or pending determination of her motion pursuant to CPLR 4404(b) and her application for an attorney's fee.

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 is granted; and it is further,

ORDERED that the branch of the motion which is for a stay is granted to the extent that the receiver is stayed from selling the properties located at 423 Center Island Road, Oyster Bay, 19 July Avenue, Bayville, and 3 Blueberry Hill, Northport, pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 8, 2012, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 8, 2012, 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.

RIVERA, J.P., DICKERSON, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court