| Scarborough v Scarborough |
| Motion No: 2023-00693 |
| Slip Opinion No: 2024 NY Slip Op 72900(U) |
| Decided on August 19, 2024 |
| 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
M298609
KS/
FRANCESCA E. CONNOLLY, J.P.
JOSEPH J. MALTESE
DEBORAH A. DOWLING
LOURDES M. VENTURA, JJ.
|
2023-00693 Renee Scarborough, respondent, v Paul Scarborough, appellant. (Index No. 68327/2017)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated January 17, 2023. Motion by the appellant for leave to appeal to this Court from the order and 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 the branch of the motion which is for leave to appeal 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 the order, pending hearing and determination of the appeal, is granted, and enforcement of the order is stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before September 19, 2024; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 19, 2024, 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, DOWLING and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court