| Morin v Morin |
| Motion No: 2022-07814 |
| Slip Opinion No: 2023 NY Slip Op 77132(U) |
| Decided on November 22, 2023 |
| 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
M292419
AFA/
VALERIE BRATHWAITE NELSON, J.P.
PAUL WOOTEN
LILLIAN WAN
LAURENCE L. LOVE, JJ.
|
2022-07814 Louis G. Morin, III, etc., respondent, v Louis G. Morin, Jr., etc., appellant. (Index No. 62791/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated July 14, 2022. Motion by the appellant, inter alia, to stay enforcement of the order and judgment, pending hearing and determination of the appeal. Separate motion by the appellant to extend the time to perfect the appeal.
Upon the papers filed in support of the motion, inter alia, to stay enforcement of the order and judgment and the papers filed in opposition thereto, and upon the papers filed in support of the motion to extend the time to perfect the appeal and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to stay enforcement of the order and judgment is granted, and enforcement of the order and judgment is stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before December 22, 2023, and that motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 22, 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; and it is further,
ORDERED that the motion to extend the time to perfect the appeal is granted, and on or before December 22, 2023, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.
BRATHWAITE NELSON, J.P., WOOTEN, WAN and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court