Appellate Division: Second Judicial Department

M39313

A/nal

THOMAS A. ADAMS, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2006-03051, 2006-03053 Evelyn M. Gravino, respondent, v Robert M. Gravino, appellant. (Index No. 10350/80)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an amended order of the Supreme Court, Nassau County, dated March 6, 2006, and an order of the same court dated March 10, 2006, pending hearing and determination of appeals therefrom, and cross motion by the respondent, in effect, to condition any stay on the appellant continuing to pay the respondent maintenance in the amount of $366 per week and by posting an undertaking in the amount of $110,868.61.

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

ORDERED that the motion is granted to the extent that enforcement of so much of the amended order dated March 6, 2006, as directed that appellant to pay the respondent maintenance in the amount of $366 per week, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before June 8, 2006, and on further condition that the appellant pays the respondent maintenance in the amount of $150 per week pending hearing and determination of the appeals, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeals are not perfected on or before June 8, 2006, or the appellant fails to pay the respondent maintenance in the amount of $150 per week, 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.

ADAMS, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court