Opinion
Motion No: 2012-06058 2012-07019 Index No. 202499/10 203072/10 M142219
08-15-2012
Anthony Azzato, appellant, v. Denize Azzato, respondent.
, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant, in effect, for leave to reargue his prior motion to stay enforcement of an order of the Supreme Court, Nassau County, dated June 5, 2012, pending hearing and determination of an appeal therefrom, which was determined by decision and order on motion dated July 23, 2012, and to stay enforcement of a warrant of arrest of the same court entered July 18, 2012, pending hearing and determination of an appeal 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 appeal from the warrant of arrest under Appellate Division Docket No. 2012-07019 is dismissed, without costs or disbursements, as no appeal lies from a warrant of arrest; and it is further,
ORDERED that the branch of the motion which is for leave to reargue is granted, and upon reargument, the appellant's motion to stay enforcement of the order dated June 5, 2012, is granted; and it is further,
ORDERED that enforcement of the order dated June 5, 2012, and the warrant of arrest entered July 18, 2012, is stayed pending hearing and determination of the appeal from the order dated June 5, 2012, on condition that the appeal is perfected on or before September 21, 2012; and it is further,
ORDERED that in the event the appeal from the order dated June 5, 2012, is not perfected on or before September 21, 2012, the Court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
FLORIO, J.P., LEVENTHAL, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court