| Thantu v Laifook |
| Motion No: 2012-05847 |
| Slip Opinion No: 2012 NY Slip Op 81947(U) |
| Decided on August 17, 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. |
Appellate Division: Second Judicial Department
M142369
E/sl
THOMAS A. DICKERSON, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
|
2012-05847 Lorenzo Thantu, appellant, v Martina Laifook, respondent. (Action No. 1) Martina Laifook, respondent, v Lorenzo Thantu, appellant. (Action No. 2) (Index Nos. 12143/07, 16909/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, dated April 24, 2012, pending hearing and determination of an appeal therefrom. Cross motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order that directs a hearing to aid in the disposition of a motion.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that all proceedings in action entitled Laifook v Thantu, pending in the Supreme Court, Westchester County, under Index No. 16909/11, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 17, 2012, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 17, 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 cross motion is denied.
DICKERSON, J.P., CHAMBERS, HALL, LOTT and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court