Appellate Division: Second Judicial Department

M37941

A/nal

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2006-02373 Natalie York, respondent, v Lance York, appellant. (Index No. 201567/05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated February 6, 2006, to stay enforcement of so much of the order as set aside those provisions of the parties' separation agreement as (1) waived the respondent's interest in the appellant's business, and (2) capped the calculation of child support at combined parental income of $80,000, and authorized the appointment of a neutral forensic evaluator, and to stay all proceedings in the above-entitled action.

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

ORDERED that the motion is granted and enforcement of so much of the order dated February 6, 2006, as set aside those provisions of the parties' separation agreement as (1) waived the respondent's interest in the appellant's business, and (2) capped the calculation of child support at combined parental income of $80,000, and authorized the appointment of a neutral forensic evaluator is stayed, 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 11, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 11, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

MILLER, J.P., RITTER, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court