Appellate Division: Second Judicial Department

M36005

T/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-11769 Maureen Cooper, respondent, v Chris Cooper, appellant. (Index No. 5284-03)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated November 28, 2005, to vacate the stay obtained by the appellant pursuant to CPLR 5519(a)(2), and to direct the Treasurer of the County of Suffolk to release to the respondent's counsel the funds deposited by the appellant or, in the alternative, to direct the appellant to perfect the appeal within 30 days and for a preference in the calendaring 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 to vacate the stay obtained by the appellant pursuant to CPLR 5519(a)(2), and to direct the Treasurer of the County of Suffolk to release to the respondent's counsel the funds deposited by the appellant is denied on condition that the appeal is perfected on or before March 13, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 13, 2006, the respondent may renew that branch of the motion which is to vacate the stay obtained by the appellant pursuant to CPLR 5519(a)(2), and to direct the Treasurer of Suffolk County to release to the respondent's counsel the funds deposited by the appellant; and it is further,

 ORDERED that the branch of the motion which is to direct the appellant to perfect the appeal within 30 days and for a preference in the calendaring of the appeal is granted to the extent indicated above, and is otherwise denied.

SANTUCCI, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court