Appellate Division: Second Judicial Department

M52358

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2007-01217 Sharone Taverna, respondent, v John Taverna, appellant. (Index No. 11903-02)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of so much of a judgment of the Supreme Court, Suffolk County, entered January 5, 2007, as directed him to furnish a bond in the sum of $105,000, to pay a distributive award in the sum of $282,255, to convey his interest in the marital premises to the respondent, and to pay an attorney's fee in the sum of $25,000, and to stay the parties or other persons, firms, individuals, or entities acting on their behalf from encumbering, dissipating, or hypothecating any marital property, whether held jointly or in either parties' name, 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 judgment as directed the appellant to furnish a bond in the sum of $105,000, to pay a distributive award in the sum of $282,255, to convey his interest in the marital premises to the respondent, and to pay an attorney's fee in the sum of $25,000, and to stay the parties or other persons, firms, individuals, or entities acting on their behalf from encumbering, dissipating, or hypothecating any marital property, whether held jointly or in either parties' name, pending hearing and determination of the appeal is granted, and so much of the judgment as directed the appellant to furnish a bond in the sum of $105,000, to pay a distributive award in the sum of $282,255, to convey his interest in the marital premises to the respondent, and to pay an attorney's fee in the sum of $25,000 is stayed, and the parties or other persons, firms, individuals, or entities acting on their behalf are stayed from encumbering, dissipating, or hypothecating any marital property, whether held jointly or in either parties ' name, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before April 20, 2007, and the appellant timely complies with the maintenance and child support provisions of the judgment; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 20, 2007, or if the appellant does not timely comply with the maintenance and child support provisions of the judgment, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay and the injunction, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., RITTER, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court