Von Fricken v Schaefer
Motion No: 2012-06828
Slip Opinion No: 2012 NY Slip Op 80557(U)
Decided on August 3, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M141629

H/sl

PETER B. SKELOS, J.P.

CHERYL E. CHAMBERS

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2012-06828

Kathleen Von Fricken, etc., respondent,

v Laura Schaefer, appellant.

(Index No. 28487-11)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated May 29, 2012, as well as any judgment entered thereon, 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 and any judgment entered thereon is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 4, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 4, 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.

SKELOS, J.P., CHAMBERS, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court