Opinion
2013-03231 Index No. 9308/12 M155019
04-22-2013
Joseph M. Sessa, appellant, v. Geraldine Parrotta, respondent.
, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
SYLVIA HINDS-RADIX, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated February 19, 2013, and to stay all proceedings in the above-entitled action 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 from so much of the order as referred to the trial court that branch of the appellant's motion which was for counsel fees is granted (see CPLR 5701[a][2]); and it is further,
ORDERED that the branch of the motion which is for leave to appeal from the remaining portions of the order by which the appellant is aggrieved is denied as unnecessary as those portions of the order are appealable as of right (see CPLR 5701[a][2]); and it is further
ORDERED that the branch of the motion which is to stay all proceedings is granted, and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 22, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 22, 2013, 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 motion is otherwise denied.
DILLON, J.P., LOTT, AUSTIN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court