Appellate Division: Second Judicial Department

M215368

E/sl

JOHN M. LEVENTHAL, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

JOSEPH J. MALTESE, JJ.

2016-05633, 2016-06487 Michele DeFilippis, respondent, v Matthew DeFilippis, appellant. (Index No. 202690/14)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a decision of the Supreme Court, Nassau County, dated May 9, 2016, and an order of the same court dated June 3, 2016, pending hearing and determination of appeals therefrom, for leave to appeal to this Court from the decision, and to extend the time to file the notice of appeal from the order.

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 decision 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 extend the time to file the notice of appeal from the order is granted and on or before August 4, 2016, the appellant shall file the notice of appeal from the order and file proof of filing with this Court; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order is granted, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that (1) the appeal is perfected on or before August 25, 2016, and (2)the appellant files the notice of appeal from the order on or before August 4, 2016; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 25, 2016, or the appellant does not file the notice of appeal from the order on or before August 4, 2016, the Court, on its own motion, may vacate the stay, without further notice, or the respondent or the attorney for the children may move to vacate the stay, on three days notice; and it is further,

ORDERED that the respondent and the attorney for the children shall serve and file their briefs, if any on or before September 26, 2016; and it is further,

ORDERED that the appellant shall serve and file a reply brief, if any on or before October 11, 2016; and it is further,

ORDERED that the motion is otherwise denied as academic.

LEVENTHAL, J.P., DICKERSON, AUSTIN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court