Appellate Division: Second Judicial Department

M192868

E/ct

RANDALL T. ENG, P.J.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2015-03801, 2015-03846 Episcopal Diocese of Long Island, et al., respondents, v St. Matthias Nondenominational Ministries, Inc., et al., appellants. (Index No. 14247/12)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from an order of the Supreme Court, Nassau County, entered January 21, 2015, and a judgment of the same court entered February 25, 2015, to stay enforcement of the judgment pending hearing and determination the appeal from the judgment.

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 order is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment in the above-entitled action and the issues raised on the appeal from the order will be reviewed on the appeal from the judgment (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion is granted and enforcement of the judgment is stayed pending hearing and determination of the appeal, on condition that the appeal from the judgment is perfected on or before June 29, 2015; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 29, 2015, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.

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

ENTER:

Aprilanne Agostino

Clerk of the Court