| Kanterakis v Kanterakis |
| Motion No: 2015-12372 |
| Slip Opinion No: 2016 NY Slip Op 60395(U) |
| Decided on January 7, 2016 |
| 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
M204283
E/sl
THOMAS A. DICKERSON, J.P.
COLLEEN D. DUFFY
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2015-12372 Nikolaos Kanterakis, appellant, v Emily Kanterakis, respondent. (Index No. 200615/12)
| DECISION & ORDER ON MOTION |
Motion by Nikolaos Kanterakis on an appeal from a decision and order (one paper) of the Supreme Court, Nassau County, dated November 13, 2015, in effect, for leave to appeal to this Court from so much of the order dated November 13, 2015, as directed him to pay counsel fees to Emily Kanterakis in the sum of $45,000, and to stay enforcement of that portion of the order pending hearing and determination of the appeal from that order.
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 from so much of the order November 13, 2015, as directed Nikolaos Kanterakis to pay counsel fees to Emily Kanterakis in the sum of $45,000 is granted; and it is further,
ORDERED that on the Court's own motion, the appeal purportedly taken as of right from the remainder of the decision and order, is dismissed, without costs or disbursements on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of so much of the decision and order dated November 13, 2015, as directed Nikolaos Kanterakis to pay counsel fees to Emily Kanterakis in the sum of $45,000 is granted, and enforcement of that portion of the decision and order is stayed pending hearing and determination of the appeal therefrom on condition that the appeal is perfected on or before March 7, 2016; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 7, 2016, the Court, on its own motion, may vacate the stay, without further notice, or Emily Kanterakis may move to vacate the stay, on three days notice.
DICKERSON, J.P., DUFFY, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court