Appellate Division: Second Judicial Department

M158263

E/sl

DANIEL D. ANGIOLILLO, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

2013-06049 Elizabeth Perry, appellant, v Jeffrey Perry, respondent. (Index No. 11-2151)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of stated portions of a decision and order (one paper) of the Supreme Court, Westchester County, entered May 30, 2013, and to be provided with certain visitation with the subject children, pending hearing and determination of an appeal from the decision and order.

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 is dismissed, without costs or disbursements, except as to those portions of the decision and order which determined (1) the respondent's motions to hold the appellant in contempt, (2) the respondent's motion, inter alia, to enjoin the appellant from cashing or negotiating certain checks, and (3) the motion by Fredman Baken & Kosan, LLP, for a charging lien, on the ground that the remaining portions of the decision and order constitute a decision from which no appeal lies (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion is denied; and it is further,

ORDERED that the appellant's time to pay the purge amounts in accordance with the decision and order of the Supreme Court, Westchester County, entered May 30, 2013, which was stayed by order to show cause of this Court dated June 12, 2013, is extended until July 8, 2013.

ANGIOLILLO, J.P., CHAMBERS, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court