Motion List released on: November 20, 2020
By Dillon, J.P., Hinds-Radix, Barros, Wooten, JJ. IN THE MATTER OF EKATERINA VOROBIEVA, res, v. ANTON VOROBIEV, app — (V-3306-2020) — Appeals by Anton Vorobiev from an order of the Family Court, Westchester County, entered October 14, 2020, and the denial of an application to sign an order to show cause of the same court which occurred on October 13, 2020. Motion by the appellant for leave to appeal to this Court from the order entered October 14, 2020, and the denial of the application to sign the order to show cause, and to stay enforcement of the order entered October 14, 2020, pending hearing and determination of the appeals. Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as to the order entered October 14, 2020, as the order is appealable as of right and denied as to the denial of the application to sign the order to show cause which occurred on October 13, 2020; and it is further, ORDERED that on the Court’s own motion, the appeal purportedly taken as of right from the denial of the application to sign the order to show cause which occurred on October 13, 2020, is dismissed, without costs or disbursements (see Khanal v. Sheldon, 74 AD3d 894; Matter of Astoria Gas Turbine Power, LLC v. Tax Commn. Of City of N.Y., 14 AD3d 553; CPLR 5701); and it is further, ORDERED that the branch of the motion which is to stay enforcement of the order entered October 14, 2020, is granted, and enforcement of that order is stayed pending hearing and determination of the appeal from that order on condition that the appeal from that order is perfected on or before February 18, 2021; and it is further, ORDERED that in the event the appeal from the order entered October 14, 2020, is not perfected on or before February 18, 2021, 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. DILLON, J.P., HINDS-RADIX, BARROS and WOOTEN, JJ., concur.
