Lombardi v. Lombardi

Full title: Mary Beth Lombardi, respondent, v. Vittorio Lombardi, appellant.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: May 23, 2016

2016 N.Y. Slip Op. 74263 (N.Y. App. Div. 2016)

Opinion

Motion No: 2016-03748

05-23-2016

Mary Beth Lombardi, respondent, v. Vittorio Lombardi, appellant.

MARK C. DILLON, J.P.

M211948

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

(Index No. 26233/11)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated March 3, 2016, and to stay enforcement of the order, as well as all proceedings in the above-entitled action, and for leave for Dorothy A. Courten, PLLC, to continue to represent the appellant, 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 from the order dated March 3, 2016, is denied as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branches of the motion which are to stay enforcement of the order dated March 3, 2016, as well as to stay all proceedings in the above-entitled action are granted to the extent that so much of the order as awarded the respondent the sum of $10,000 for interim counsel fees is stayed and all proceedings in the above-entitled action, inclusive of all proceedings in the action formerly under Index No. 24554/12, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 20, 2016; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 20, 2016, 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 branch of the motion which is for leave for Dorothy A. Courten, PLLC, to continue to represent the appellant on the appeal is granted; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., HINDS-RADIX, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court