Appellate Division: Second Judicial Department

M292311

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2023-09150 Alexander Prince, appellant, v Bari Prince, etc., respondent. (Index No. 802530/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated September 19, 2023. Motion by the appellant for leave to appeal to this Court from the order and to stay enforcement of so much of the order as found the appellant in contempt and directed further proceedings in relation to the finding of contempt, 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 to this Court is denied as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of so much of the order as found the appellant in contempt and directed further proceedings in relation to the finding of contempt is granted to the extent that further proceedings in relation to the finding of contempt are stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before December 18, 2023, and that branch of the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 18, 2023, 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.

CONNOLLY, J.P., MALTESE, WOOTEN and DOWLING, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court