Appellate Division: Second Judicial Department

M133538

E/sl

PETER B. SKELOS, J.P.

ARIEL E. BELEN

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-11950, 2012-01250 Elizabeth Cioffi-Petrakis, respondent, v Panagiotis Petrakis, appellant. (Index No. 8252/08)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay all proceedings in the parties' matrimonial action, pending in the Supreme Court, Nassau County, under Index No. 202768/10, pending hearing and determination of appeals from a decision of the Supreme Court, Nassau County, dated December 12, 2011, and a judgment of the same court entered February 6, 2012.

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 dated December 12, 2011 (Appellate Division Docket No. 2011-11950), 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 branch of the motion which is to stay all proceedings in the parties' matrimonial action, pending in the Supreme Court, Nassau County, under Index No. 202768/10 is granted, and all proceedings in that action are stayed pending hearing and determination of the appeal from the judgment entered February 6, 2012, on condition that the appeal is perfected on or before March 22, 2012, and that the appellant continue to pay the expenses pursuant to the prior stipulation of the parties as set forth in the order to show cause of this Court dated January 20, 2012; and it is further,

ORDERED that in the event the appellant does not comply with the foregoing conditions, 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 motion is otherwise denied.

SKELOS, J.P., BELEN, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court