Appellate Division: Second Judicial Department

M144741

E/sl

ANITA R. FLORIO, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2012-08793 In the Matter of Joseph Catalano, appellant, v Carmille Benincaso, respondent. (Index No. 7729/12)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of so much of an order of the Supreme Court, Nassau County, entered September 6, 2012, as remanded the matter for arbitration, pending hearing and determination of an appeal therefrom, and for a preference in the calendaring of the appeal.

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

ORDERED that the branch of the motion which is to stay enforcement of so much of the order entered September 6, 2012, as remanded the matter for arbitration is granted, and enforcement of that portion of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 13, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 13, 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.

FLORIO, J.P., LEVENTHAL, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court