Opinion
Motion No: 2012-070552012-070562012-07057Index No. 10-11963M142739
08-27-2012
Mihea Kim, respondent, v. Bradford C. Schiller, appellant.
, J.P.
JOHN M. LEVENTHAL
ARIEL E. BELEN
LEONARD B. AUSTIN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant, inter alia, to stay enforcement of two decisions of the Supreme Court, Rockland County, dated June 24, 2011, and June 25, 2012, respectively, and an order of the same court dated February 15, 2012, pending hearing and determination of appeals therefrom.
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 from the decision dated June 25, 2012 (Appellate Division Docket No. 2012-07055), is deemed to be a premature notice of appeal from a judgment of the Supreme Court, Rockland County, dated August 13, 2012 (see CPLR 5520[c]); and it is further,
ORDERED that on the Court's own motion, the appeal from the decision dated June 24, 2011 (Appellate Division Docket No. 2012-07057), is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the motion is granted to the extent that enforcement of so much of the judgment as directed the appellant to pay an equitable distribution award in the sum of $212,829 is stayed pending hearing and determination of the appeals from the order dated February 15, 2012, and the judgment dated August 13, 2012, on condition that those appeals are perfected on or before October 26, 2012, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeals are not perfected on or before October 26, 2012, 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.
DICKERSON, J.P., LEVENTHAL, BELEN and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court