Jimenez v Jimenez
Motion No: 2006-08126
Slip Opinion No: 2006 NYSlipOp 75790(U)
Decided on September 8, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M44167

C/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2006-08126

Avelino Jimenez, respondent, v

Rosa Jimenez, appellant.

(Index No. 10685/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated August 15, 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 and enforcement of the order dated August 15, 2006, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 10, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 10, 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., KRAUSMAN, LUCIANO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court