Appellate Division: Second Judicial Department

M35847

C/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

GLORIA GOLDSTEIN

REINALDO E. RIVERA, JJ.

2005-09745 Francis Winski, Jr., appellant, v Laura Russo Kane, respondent. (Index No. 88-6928)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay the enforcement of an order of the Supreme Court, Westchester County, entered September 1, 2005, and to stay a hearing on the respondent's motion to hold him in contempt, pending the hearing and determination of an appeal from the order. Cross motion by the respondent, inter alia, for legal fees and/or sanctions.

Upon the papers filed in support of the motion and cross motion and the papers filed in opposition or relation thereto, it is

ORDERED that the motion is granted and enforcement of the order entered September 1, 2005, and the hearing on the respondent's motion to hold the appellant in contempt are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 8, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 8, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the cross motion is denied.

MILLER, J.P., CRANE, GOLDSTEIN and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court