Appellate Division: Second Judicial Department

M198026

E/sl

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX, JJ.

2015-07703 Matthew Prince, respondent, v Meredith Prince, now known as Meredith Schechter, appellant. (Index No. 203190/09)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated August 18, 2015, and to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeal.

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 as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeal is granted, and all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 2, 2015; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 2, 2015, 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 respondent and the attorney for the child shall serve and file their respective briefs, if any, on or before October 23, 2015; and it is further, ORDERED that the appellant shall serve and file a reply brief, if any, on or before October 30, 2015.

ENG, P.J., DICKERSON, SGROI and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court