Oppedisano v Oppedisano
Motion No: 2015-01099
Slip Opinion No: 2015 NY Slip Op 67254(U)
Decided on March 17, 2015
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M189169

S/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

BETSY BARROS, JJ.

2015-01099

Pietro Oppedisano, plaintiff-appellant,

v Marlina Oppedisano, respondent;

Andrew J. Wigler, nonparty-appellant.

(Index No. 2452/13)

DECISION & ORDER ON MOTION

Motion by Pietro Oppedisano for leave to appeal to this Court from so much of an order of the Supreme Court, Queens County, dated October 21, 2014, as directed him to pay a sanction in the sum of $5,000, and to stay enforcement of that portion of the order pending hearing and determination of the appeal. Separate motion by the nonparty Andrew J. Wigler for leave to appeal to this Court from so much of the same order, as directed him to pay a sanction in the sum of $5,000, and to stay enforcement of that portion of the order pending hearing and determination of the appeal.

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

ORDERED that the motions are granted; and it is further,

ORDERED that enforcement of those portions of the order which directed the appellants to each pay a sanction in the sum of $5,000 is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before April 17, 2015; and it is further,

ORDERED that in the event the appeals are not perfected on or before April 17, 2015, the Court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

RIVERA, J.P., AUSTIN, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court