Appellate Division: Second Judicial Department

M50549

T/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

DAVID S. RITTER

DANIEL D. ANGIOLILLO, JJ.

2006-11666 Michele Silver, respondent, v David Silver, appellant. (Index No. 200861/06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, entered December 6, 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 so much of the order as directed the appellant to pay the respondent $1,700 per month in maintenance and $2,500 per month in child support is stayed on condition that the appellant pay the respondent $500 per month in maintenance and $800 per month in child support, and perfect the appeal on or before March 7, 2007, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appellant does not pay the respondent $500 per month in maintenance and $800 per month in child support, or does not perfect the appeal on or before March 7, 2007, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on three days notice.

MILLER, J.P., SCHMIDT, RITTER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court