Appellate Division: Second Judicial Department

M143526

E/sl

PETER B. SKELOS, J.P.

CHERYL E. CHAMBERS

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2012-06828, 2012-08396 Kathleen Von Fricken, etc., respondent, v Laura Schaefer, appellant. (Index No. 28487-11)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Supreme Court, Suffolk County, dated May 29, 2012, and a judgment of the same court entered August 7, 2012, to amend so much of a decision and order on motion of this Court dated August 3, 2012, as conditioned a stay of enforcement of the order and any judgment entered thereon, upon the perfection of the appeal on or before September 4, 2012, and to amend the decision and order on motion of this Court dated August 3, 2012, to provide that it stays the judgment entered August 7, 2012.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the decision and order on motion dated August 3, 2012, is amended by deleting from the decretal paragraphs thereof the date "September 4, 2012," and substituting therefor the date "October 4, 2012"; and it is further,

ORDERED that the decision and order on motion dated August 3, 2012, is further amended to reflect that it specifically stays enforcement of the judgment entered August 7, 2012, that the stay is conditioned on perfection of the appeal from the judgment concurrently with the appeal from the order dated May 29, 2012, and that 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, if the appeal from the judgment is not perfected concurrently with the appeal from the order dated May 29, 2012.

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

ENTER:

Aprilanne Agostino

Clerk of the Court