Appellate Division: Second Judicial Department

M43837

E/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2006-07258 Deborah Fugazy, appellant, v William Denis Fugazy, Jr., respondent. (Index No. 03-10269)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, entered May 31, 2006, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is granted to the extent that enforcement of the financial provisions of the order entered May 31, 2006, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 29, 2006, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 29, 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 pending hearing and determination of the appeal the respondent shall not sell, dispose, transfer, dissipate, or encumber the personal property that the appellant has been directed to return to the respondent pursuant to the order entered May 31, 2006.

SANTUCCI, J.P., KRAUSMAN, LUCIANO and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court