| D'Alauro v D'Alauro |
| Motion No: 2014-02402 |
| Slip Opinion No: 2015 NY Slip Op 67971(U) |
| Decided on March 25, 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. |
Appellate Division: Second Judicial Department
M189558
T/ct
REINALDO E. RIVERA, J.P.
SANDRA L. SGROI
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.
|
2014-02402 Maribeth D'Alauro, appellant, v Richard D'Alauro, respondent. (Index No. 3047/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, entered January 14, 2014, to stay the sale of the marital residence pending hearing and determination of the appeal, for an award of attorney's fees on the appeal, and to consolidate the appeal with an appeal to be taken from the judgment that will be entered in the above-entitled action.
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 to enlarge the time to perfect the appeal is granted to the extent that the appellant's time to perfect the appeal is enlarged until April 23, 2015, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to stay the sale of the marital residence pending hearing and determination of the appeal is granted, and the sale of the marital residence is stayed pending hearing and determination of the appeal on condition that the appellant perfect the appeal on or before April 23, 2015; and it is further,
ORDERED that in the event the appellant does not comply with the foregoing condition, 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 branch of the motion which is for an award of an attorney's fee on the appeal is denied without prejudice to seeking appropriate relief in the Supreme Court, Suffolk County; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeal with an appeal that will be taken from the judgment that will be entered in the above-entitled action is denied as premature.
RIVERA, J.P., SGROI, COHEN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court