Susan B. Pasquale, respondent, v. Steven Joseph Pasquale, appellant. (2024)

Submitted—January 4, 2024

DECISION & ORDER

In an matrimonial action in which the parties were divorced by judgment entered May 21, 1990, the defendant appeals from an order of the Supreme Court, Orange County (Robert A. Onofry, J.), dated August 30, 2021.  The order denied the defendant's motion to fix the amount of an undertaking for a stay pursuant to CPLR 5519(a)(3) and vacated any automatic stay that would be imposed by the posting of an undertaking.

ORDERED that the appeal is dismissed as academic, without costs or disbursements.

As set forth in our decision and order on related appeals (see Pasquale v. Pasquale, _AD3d _ [Appellate Division Docket No. 2021–04046;  decided herewith] ), in an order dated May 6, 2021, the Supreme Court properly granted the plaintiff's motion for the issuance of an amended domestic relations order and the entry of a money judgment.  Under these circumstances, the defendant's appeal from the order dated August 30, 2021, which denied his motion to fix the amount of an undertaking for a stay pursuant to CPLR 5519(a)(3) in connection with the related appeals, and which vacated any automatic stay that would be imposed by the posting of an undertaking, has been rendered academic (see CPLR 5519[a][3];  [c];  Matter of Park Knoll Owners, Inc. v Park Knoll Assoc., 175 AD3d 1410).

DUFFY, J.P., MILLER, DOWLING and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court