Appellate Division: Second Judicial Department

M148268

E/sl

WILLIAM F. MASTRO, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-09870 Mark Lew, appellant-respondent, v Gail Sobel, defendant-respondent- appellant; Ariel Sobel-Lew, et al., nonparty-respondents-appellants. (Index No. 8596/03)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to stay enforcement of so much of an order of the Supreme Court, Nassau County, dated October 31, 2011, as directed the trustee of the escrowed child support funds to pay certain expenses from the escrowed funds or, in the alternative, to direct the trustee to return the escrowed child support funds to Mark Lew's counsel for payment of the expenses detailed in the order, pending hearing and determination of his appeal from the order, and to dismiss the cross appeal taken by the defendant, on the ground that no appeal lies from an order entered upon the default of the appealing party.

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 is to dismiss the cross appeal taken by the defendant is granted and the cross appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., LOTT, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court