Appellate Division: Second Judicial Department

M53269

E/mv

ANITA R. FLORIO, J.P.

MARK C. DILLON

JOSEPH COVELLO

EDWARD D. CARNI, JJ.

2006-08083 Michael D. Preisner, respondent, v Brenda Preisner, appellant. (Index No. 04-17397)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Westchester County, entered October 5, 2006, and to stay all proceedings in the above-entitled action to hold her in contempt, pending hearing and determination of an appeal from the judgment.

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 judgment as directed the appellant to pay to the respondent the sum of $40,401 is stayed and all proceedings in the above-entitled action to hold the appellant in contempt are stayed, on condition that the appeal is perfected on or before April 23, 2007, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 23, 2007, 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., DILLON, COVELLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court