Appellate Division: Second Judicial Department

M52630

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

MARK C. DILLON

EDWARD D. CARNI, JJ.

2007-01684 Barbara Hannigan, respondent, v Thomas Hannigan, appellant. (Index No. 05-9970)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, dated December 29, 2006, to stay enforcement of so much of the judgment as directed the distribution of his New York State Local Retirement System Pension and New York State Deferred Compensation Plan, 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 motion is granted, and enforcement of so much of the judgment of the Supreme Court, Westchester County, dated December 29, 2006, as directed the distribution of the appellant's New York State Local Retirement System Pension and New York State Deferred Compensation Plan is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 30, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 30, 2007, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

MASTRO, J.P., RIVERA, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court