Appellate Division: Second Judicial Department

M47389

T/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2006-10467 Patricia Tenore, appellant, v Thomas Tenore, respondent. (Index No. 05-4324)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Rockland County, dated October 2, 2006, to stay enforcement of so much of the order as directed that the parties' daughter be produced for an examination before trial pending hearing and determination of the appeal, and for the issuance of a protective order preventing the respondent from making any further discovery demands or otherwise involving the parties' daughter in the action pending hearing and determination of the appeal.

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 stay enforcement of so much of the order as directed that the parties' daughter be produced for an examination before trial is granted, and so much of the order as directed the parties' daughter be produced for an examination before trial is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 3, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 3, 2007, 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, without prejudice to the appellant seeking such relief in the Supreme Court, Rockland County.

MILLER, J.P., CRANE, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court