Appellate Division: Second Judicial Department

M169706

E/sl

THOMAS A. DICKERSON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2013-09444 Howard A. Balsam, respondent, v Patrick Fioriglio, appellant, et al., defendants. (Index No. 17453/08)

DECISION & ORDER ON MOTION

Motion by the appellant to deem a notice of an appeal from an order of the Supreme Court, Kings County, dated August 5, 2013, to be a premature notice of appeal from a judgment of the same court dated January 6, 2014, and to stay enforcement of the judgment pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]), and enforcement of the judgment is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 24, 2014; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 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.

DICKERSON, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court