PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 12-00519

CAROL H. SCULLY, PLAINTIFF-APPELLANT, V DANIEL J. SCULLY, DEFENDANT-RESPONDENT.

Appellant having moved for a stay of enforcement of a portion of the judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 14, 2011, pending the hearing and determination of the appeal taken herein, and having moved for an extension of time to perfect the appeal taken herein from the judgment entered October 14, 2011,

Now, upon reading and filing the affidavits of Gerald T. Walsh, Esq., sworn to March 15, 2012, and March 30, 2012, the affidavit of Carol H. Scully sworn to March 9, 2012, the notice of motion with proof of service thereof, and the affidavit of Patrick C. O'Reilly, Esq., sworn to March 28, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted insofar as it seeks a stay of enforcement of the ninth decretal paragraph of the judgment, regarding the parties' former marital residence, to the extent that enforcement of that part of the judgment is stayed for thirty days or until seven days after Supreme Court fixes the amount of the undertaking for an automatic stay pursuant to CPLR 5519 (a) (6), whichever comes first (see Wilkinson v Sukiennik, 120 AD2d 989), and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: April 5, 2012

Frances E. Cafarell, Clerk