Appellate Division: Second Judicial Department

M173598

E/sl

RANDALL T. ENG, P.J.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2013-09320, 2014-03600, 2014-03607 Elena Istomin, respondent, v Alexander Istomin, appellant. (Index No. 200974/11)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from three orders of the Supreme Court, Nassau County, dated August 14, 2013, February 27, 2014, and March 6, 2014, respectively, for leave to appeal to this Court from the order dated March 6, 2014, to stay an inquest pending hearing and determination of the appeals from the orders dated February 27, 2014, and March 6, 2014, and to consolidate the appeals from the orders dated February 27, 2014, and March 6, 2014.

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

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right from the order dated March 6, 2014 (Appellate Division Docket No. 2014-03607), is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to stay the inquest is granted to the extent that the inquest in the above-entitled action is stayed pending hearing and determination of the appeals from the orders dated August 14, 2013, and February 27, 2014, on condition that the appellant (1) perfect the appeals from the orders dated August 14, 2013, and February 27, 2014 (Appellate Division Docket Nos. 2013-09320 and 2014-03600), on or before June 19, 2014, and (2) pay child support in the sum of $8,000 per month, commencing May 2014, payable on or before the 15th of each month, pending hearing and determination of the appeals from the orders dated August 14, 2013, and February 27, 2014; and it is further,

ORDERED that in the event the appellant does not comply with the foregoing conditions, 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 motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal from the order dated August 14, 2013, is enlarged until June 19, 2014.

ENG, P.J., AUSTIN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court