| Smithie v Smithie |
| Motion No: 2012-00517 |
| Slip Opinion No: 2012 NY Slip Op 63062(U) |
| Decided on February 2, 2012 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M132637
E/sl
MARK C. DILLON, J.P.
ANITA R. FLORIO
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2012-00517 Antony Smithie, plaintiff, v Kristin Smithie, respondent; Reisman Peirez Reisman & Capobianco, LLP, nonparty-appellant. (Index No. 202520/07)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant to stay enforcement of an order of the Supreme Court, Nassau County, dated December 23, 2011, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 5, 2012; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 5, 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.
DILLON, J.P., FLORIO, CHAMBERS and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court