Appellate Division: Second Judicial Department

M274368

E/sl

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2020-07795 Inna Ivashchenko, appellant, v Ruben Borukhov, respondent. (Index No. 550067/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated October 8, 2020. Motion by the appellant 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 on the Court's own motion, the notice of appeal is treated as an application for leave to appeal from so much of the order as directed dismissal of the complaint and leave to appeal is granted; and it is further,

ORDERED that the motion is granted to the extent that enforcement of so much of the order as directed dismissal of the complaint is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 29, 2021, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 29, 2021, 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.

CHAMBERS, J.P., AUSTIN, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court