| Grimes v Grimes |
| Motion No: 2013-11477 |
| Slip Opinion No: 2014 NY Slip Op 62009(U) |
| Decided on January 24, 2014 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M168555
E/sl
WILLIAM F. MASTRO, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2013-11477, 2013-11535 Charles Grimes, respondent, v Gwynne L. Grimes, appellant. (Index No. 13-54285)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, entered October 8, 2013, and a decision of the same court entered December 18, 2013, pending hearing and determination of appeals therefrom. Separate motion by the respondent to stay enforcement of or vacate a temporary restraining order contained in an Order to Show Cause issued by this Court on December 23, 2013, which directed him to resume payment of monthly unallocated alimony and child support to the appellant in the sum of $8,000, pending determination of the appellant's motion.
Upon the papers filed in support of the motions 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. 2013-11477) 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 appellant's motion is granted to the extent that the respondent shall continue to pay monthly unallocated alimony and child support to the appellant in the sum of $8,000, pending hearing and determination of the appeal from the order on condition that the appeal from the order (Appellate Division Docket No. 2013-11535) is perfected on or before February 24, 2014, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 24, 2014, 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; and it is further,
ORDERED that the respondent's motion is denied as academic.
MASTRO, J.P., AUSTIN, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court