| Velez v Velez, also known as Jean |
| Motion No: 2017-04179 |
| Slip Opinion No: 2017 NY Slip Op 74323(U) |
| Decided on May 18, 2017 |
| 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
M231383
E/sl
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2017-04179 George Velez, plaintiff, v Alexandra Velez, also known as Alexandra Jean, defendant. (Index No. 22960/13)
| DECISION & ORDER ON MOTION |
Motion by Alexandra Velez for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated April 18, 2017, and to stay enforcement of the order 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 on or before June 1, 2017, Alexandra Velez shall serve and file a notice of appeal and file proof of filing with this Court, (see CPLR 5514[a]); 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 the appeal is perfected on or before July 17, 2017; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 17, 2017, the Court, on its own motion, may vacate the stay, without further notice, or the plaintiff may move to vacate the stay, on three days notice.
DILLON, J.P., AUSTIN, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court