Appellate Division: Second Judicial Department

M157540

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2013-05411 Maria Cusumano, respondent, v Dominick Cusumano, et al., appellants. (Index No. 801/13)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay all proceedings in the above-entitled action, as well as all proceedings in matters entitled Matter of Cusumano v Cusumano, commenced in the Family Court, Suffolk County, under Docket Nos. F-6045-12/12C and F-6045-12/12B, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated April 9, 2013.

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

ORDERED that the motion is granted to the extent that all trials or hearings in the above-entitled action and the proceedings entitled Matter of Cusumano v Cusumano, commenced in the Family Court, Suffolk County, under Docket Nos. F-6045-12/12B and F-6045-12/12C, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 8, 2013, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 8, 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.

DILLON, J.P., CHAMBERS, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court