Appellate Division: Second Judicial Department

M40181

S/nal

DANIEL F. LUCIANO, J.P.

REINALDO E. RIVERA

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2006-04834, 2006-04836 Diane Ellen Dankner, respondent, v John Edwin Steefel, appellant. (Index No. 10764/05)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Westchester County, both entered May 18, 2006, to stay enforcement of both orders pending hearing and determination of the appeals.

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 (1) stay enforcement of so much of the order entered May 18, 2006, which found the appellant in contempt of court for failing to comply with a certain stipulation of settlement and (2) stay enforcement of the order entered May 18, 2006, which directed that he be incarcerated, is granted and so much of the order entered May 18, 2006, as found the appellant in contempt of court and the second order entered May 18, 2006, as directed his incarceration are stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before June 30, 2006; and it is further,

ORDERED that in the event the appeals are not perfected on or before June 30, 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 motion is otherwise denied.

LUCIANO, J.P., RIVERA, LIFSON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court