Appellate Division: Second Judicial Department

M153634

E/ct

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN

SYLVIA HINDS-RADIX, JJ.

2013-02594 In the Matter of Alice D. (Anonymous). Edward Bailey, etc., et al., appellants; Peter M. Redmond, etc., et al., respondents. (Index No. 5920/01)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay enforcement of a judgment of the Supreme Court, Queens County, dated February 4, 2013, 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 on the Court's own motion, the appeal insofar as taken by Keishma S. and Editha H., is dismissed, without costs or disbursements, on the ground that those parties are not aggrieved by the judgment (see CPLR 5511); and it is further,

ORDERED that the motion is granted to the extent that enforcement of the judgment is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 25, 2013, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 25, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.

DILLON, J.P., ANGIOLILLO, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court