Appellate Division: Second Judicial Department

M133289

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2011-10803, 2012-00601, 2012-01008 Patricia Tenore, respondent, v Thomas Tenore, appellant. (Index No. 05-4324)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Rockland County, dated October 11, 2011, and two orders of the same court entered December 19, 2011, without the necessity of filing any additional undertaking beyond the sum of $30,309 previously deposited in the Rockland County Clerk's Office to secure the award of counsel fees, pending hearing and determination of the appeals, and to consolidate the appeals.

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 to stay enforcement of the orders without the necessity of filing any additional undertaking is granted, and enforcement of the orders dated October 11, 2011, and December 19, 2011, is stayed, pending hearing and determination of the appeals, on condition that the appeals are perfected on or before March 13, 2012; and it is further,

ORDERED that in the event the appeals are not perfected on or before March 13, 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; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).

SKELOS, J.P., DICKERSON, ENG and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court