Appellate Division: Second Judicial Department

M138876

E/sl

ANITA R. FLORIO, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2012-00719, 2012-04760 Wascar Mejia, respondent, v Yvette Mejia, appellant. (Index No. 10-14193)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of a judgment of the Supreme Court, Rockland County, dated April 23, 2012, as awards title to the marital premises to the respondent and the parties' children, directs the parties to transfer ownership of the marital premises to the respondent and the parties' children, and authorizes the Sheriff of Rockland County to sign documents transferring title to the marital premises in the event that the appellant does not execute the necessary documents, pending hearing and determination of an appeal from the judgment, to consolidate the appeal from the judgment with an appeal from an order of the same dated December 15, 2011, and to stay enforcement of stated portions of the order, pending hearing and determination of an appeal from the order.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to stay enforcement of so much of the judgment as awards title to the marital premises to the respondent and the parties' children, and directs the parties to transfer ownership of the marital premises to the respondent and the parties' children and authorizes the Sheriff of Rockland County to sign documents transferring title to the marital premises in the event that the appellant does not execute the necessary documents is granted, and enforcement of that portion of the judgment is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 6, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 6, 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 motion is otherwise denied as academic as the appeal from the order was dismissed by decision and order on motion of this Court dated May 15, 2012; issues relating to the order can be raised on the appeal from the judgment (see Matter of Aho, 39 NY2d 241).

FLORIO, J.P., CHAMBERS, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court