Appellate Division: Second Judicial Department

M239939

E/afa

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2017-08056, 2017-08115 Menajem Salamon, individually, as heir, and anticipated representative of the estate of Robert Salamon, appellant, v Elliot Lipschitz, respondent. (Index No. 32365/16)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Supreme Court, Rockland County, dated July 19, 2017, and an amended order of the same court dated August 15, 2017, in effect, to stay enforcement of so much of the amended order dated August 15, 2017, as directed the release of the sum of $225,000 from escrow, pending hearing and determination of the appeal from the amended order dated August 15, 2017.

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from the order dated July 19, 2017, is dismissed, without costs or disbursements, as the order dated July 19, 2017, was superseded by the amended order dated August 15, 2017; and it is further,

ORDERED that the motion is granted, and enforcement of so much of the amended order dated August 15, 2017, as directed the release of the sum of $225,000 from escrow is stayed pending hearing and determination of the appeal from the amended order dated August 15, 2017, on condition that the appeal from the amended order dated August 15, 2017, is perfected on or before November 23, 2017; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 23, 2017, 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.

RIVERA, J.P., LEVENTHAL, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court