Appellate Division: Second Judicial Department

M179533

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2014-07691, 2014-07692 Marie Augustin, respondent, v Patrick Rosene, appellant. (Index No. 23615/12)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of stated portions of a decision and order (one paper) of the Supreme Court, Suffolk County, dated July 16, 2014, and a corrected decision and order (one paper) of the same court dated July 21, 2014, pending hearing and determination of appeals therefrom.

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 from the decision and order dated July 16, 2014 (Appellate Division Docket No. 2014-07692), is dismissed, without costs or disbursements, as superseded by the corrected decision and order dated July 21, 2014; and it is further,

ORDERED that on the Court's own motion, the appeal from the corrected decision and order dated July 21, 2014, except for the portion of the decision and order that granted the branches of the respondent's motion to direct the appellant to continue to make monthly mortgage payments and/or bring the mortgage current by paying outstanding arrears and to pay unreimbursed medical prescription, optical, and dental expenses, and a share of the cost of child care and camp, is dismissed, without costs or disbursements, on the ground that no appeal lies from so much of the decision and order as constitutes a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509) and the appellant is not aggrieved by so much of the decision and order as denied the branch of the respondent's motion which is for a weekly food and clothing allotment of $300 (see CPLR 5511); and it is further,

ORDERED that the motion is denied.

BALKIN, J.P., LEVENTHAL, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court