Opinion
Motion No: 2011-08317 Index No. 9578/01 M127048
10-11-2011
Kathleen Rooney, appellant, v. Robert R. Rooney, respondent.
, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated August 25, 2011, pending hearing and determination of an appeal therefrom. Separate motion by the respondent, inter alia, to impose a sanction upon the appellant.
Upon the papers filed in support of the appellant's motion, and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the respondent's motion, and the papers filed in opposition thereto, it is
ORDERED that the appellant's motion 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 November 11, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 11, 2011, 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 respondent's motion is denied.
ANGIOLILLO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court