Appellate Division: Second Judicial Department

M42858

T/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2006-05060 Linda DiBlasi, respondent, v Thomas DiBlasi, appellant. (Index No. 17472/97)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay enforcement of stated portions of a judgment of the Supreme Court, Queens County, dated April 19, 2006, pending hearing and determination of an appeal therefrom.

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 the fourth, fifth, tenth, thirteenth, seventeenth, eighteenth, twenty-fifth, thirtieth, and thirty-first decretal paragraphs of the judgment dated April 19, 2006, is stayed pending hearing and determination of the appeal on condition that (1) the appellant pay to the respondent the sum of $1,500 per week, nontaxable to the respondent, by income deduction from DiBlasi Motors, Inc., and (2) the appeal is perfected on or before September 1, 2006, and the motion is otherwise denied; and it is further,

ORDERED that in the event (1) the appellant fails to pay to the respondent the sum of $1,500 per week, nontaxable to the respondent, by income deduction from DiBlasi Motors, Inc., or (2) the appeal is not perfected on or before September 1, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

FLORIO, J.P., SCHMIDT, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court