Appellate Division: Second Judicial Department

M154385

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

SYLVIA HINDS-RADIX, JJ.

2013-02958, 2013-02959, 2013-02960 Thomas Bruno, Jr., respondent, v Paula Bruno, et al., defendants, Joseph Bruno, appellant. (Index No. 11839/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Kings County, dated November 5, 2012, pending hearing and determination of appeals from the judgment, an order of the same court dated March 13, 2013, and a decision of the same court entered September 6, 2012.

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 from the decision (Appellate Division Docket No. 2013-02959) is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); 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 appeals from the judgment and the order on condition that those appeals are perfected on or before May 10, 2013; and it is further,

ORDERED that in the event the appeals are not perfected on or before May 10, 2013, 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.

SKELOS, J.P., HALL, LOTT and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court