Appellate Division: Second Judicial Department

M275456

E/sl

WILLIAM F. MASTRO, A.P.J.

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2021-00199 Elizabeth M. Kairey, plaintiff, v Elliot M. Hirsch, defendant. (Index No. 53206/2018)

DECISION & ORDER ON MOTION

Motion by Elliot M. Hirsch, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated January 8, 2021, to stay enforcement of the order pending hearing and determination of the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel. Cross motion by Elizabeth M. Kairey to impose a sanction upon Elliot M. Hirsch, for an award of costs, and to enjoin Elliot M. Hirsch from making further motions without prior leave of the Court.

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

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary with respect to so much of the order as denied the motion for an order of protection as that portion of the order is appealable as of right (see CPLR 5701), without prejudice to filing a timely notice of appeal (see CPLR 5513, 5514), and that branch of the motion is otherwise denied; and it is further,

ORDERED that the motion is otherwise denied without prejudice to renew after filing a timely notice of appeal; and it is further,

ORDERED that the cross motion is denied.

MASTRO, A.P.J., HINDS-RADIX, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court