Appellate Division: Second Judicial Department

M147038

S/ct

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2012-09692 Edgar S. (Anonymous), by the guardian of his person Lita S. (Anonymous), appellant, Maria S. (Anonymous), individually, and as guardian of the property of Edgar S. (Anonymous), respondent, v Rolando Roman, etc., et al., defendants. (Index No. 7354/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Queens County, entered October 26, 2012, as directed distribution of the proceeds of the settlement in the above-entitled action 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 so much of the order as directed distribution of the proceeds of the settlement in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 26, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 26, 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.

ANGIOLILLO, J.P., DICKERSON, HALL and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court