Appellate Division: Second Judicial Department

M38576

Y/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2006-02416 Laurie Jean Ventimiglia, respondent, v Bruce Ventimiglia, appellant. (Index No. 97-11821)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated February 14, 2006, to stay so much of the order as directed him to pay an attorney's fee to the respondent in the sum of $185,000, pending hearing and determination of the appeal.

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

ORDERED that the motion is granted to the extent that enforcement of so much of the order dated February 14, 2006, as directed the appellant to pay the respondent an attorney's fee in the sum of $100,000 is stayed pending hearing and determination of the appeal on condition that on or before May 22, 2006, (1) the appeal is perfected, and (2) the appellant pay to the respondent an attorney's fee in the sum of $85,000, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 22, 2006, or the appellant does not pay the sum of $85,000 to the respondent on or before May 22, 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., LUCIANO, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court