Appellate Division: Second Judicial Department

M208482

E/sl

THOMAS A. DICKERSON, J.P.

COLLEEN D. DUFFY

HECTOR D. LASALLE

BETSY BARROS, JJ.

2015-12372 Nikolaos Kanterakis, appellant-respondent, v Emily Kanterakis, respondent-appellant. (Index No. 200615/12)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal, by permission, from a decision and order (one paper) of the Supreme Court, Nassau County, dated November 13, 2015, in effect, to amend so much of a decision and order on motion of this Court dated January 7, 2016, as conditioned a stay upon the perfection of the appeal on or before March 7, 2016, and to perfect the appeal upon only the portion of the trial transcript relating to the issue of counsel fees. Cross motion by the respondent-appellant to vacate the stay granted by the decision and order on motion of this Court dated January 7, 2016.

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

ORDERED that the branch of the motion which is, in effect, to amend so much of the decision and order on motion of this Court dated January 7, 2016, as conditioned the stay upon the perfection of the appeal on or before March 7, 2016, is granted, and the decision and order on motion of this Court dated January 7, 2016, is amended by deleting from the decretal paragraphs thereof the date "March 7, 2016," and substituting therefor the date "May 7, 2016"; and it is further,

ORDERED that the branch of the motion which is, in effect, to perfect the appeal upon only the portion of the trial transcript relating to the issue of counsel fees is granted; and it is further,

ORDERED that the cross motion is denied; and it is further,

ORDERED that the parties are directed to show cause why the cross appeal should or should not be dismissed on the ground that the portion of the decision and order which awarded counsel fees to the defendant is not appealable as of right and the defendant has not sought leave to appeal from that portion of the order (see CPLR 5701[a][2]), and the remaining portion of the decision and order constitutes a decision from which no appeal lies (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), by filing an affirmation or affidavit on that issue with the Clerk of this Court on or before April 11, 2016; and it is further,

ORDERED that the Clerk of this Court, or her designee, shall serve a copy of this decision and order on motion on the parties by regular mail.

DICKERSON, J.P., DUFFY, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court