| Bibas v Bibas |
| Motion No: 2007-03185 |
| Slip Opinion No: 2007 NYSlipOp 68507(U) |
| Decided on May 1, 2007 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M53885
E/sl
REINALDO E. RIVERA, J.P.
ROBERT A. SPOLZINO
GLORIA GOLDSTEIN
MARK C. DILLON, JJ.
|
2007-03185 Charles Bibas, appellant-respondent, v Dafna Bibas, respondent-appellant. (Index No. 201760/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to stay enforcement of stated portions of an order of the Supreme Court, Nassau County, dated March 22, 2007, pending hearing and determination of an appeal and cross appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appellant-respondent's notice of appeal is treated as an application for leave to appeal from so much of the order as directed that the appellant-respondent's first year's child support obligation be paid prospectively from the escrow account, as distributed money from the escrow account, and as awarded the respondent-appellant a money judgment, and leave to appeal from those portions of the order is granted (see CPLR 5701[c]); and it is further,
ORDERED that the motion is granted to the extent that enforcement of so much of the order dated March 22, 2007, as directed the distribution of money from the subject escrow account containing, inter alia, the proceeds from the sale of the marital residence is stayed pending hearing and determination of the appeal on condition that (1) the appellant-respondent pay child support in the sum of $970 on or before May 8, 2007, (2) the appellant-respondent pay child support in the sum of $970 on the 1st and 15th of each month commencing May 15, 2007, and (3) the appeal is perfected on or before May 31, 2007, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appellant-respondent does not comply with the above conditions, the court, on its own motion, may vacate the stay, or the respondent-appellant may move to vacate the stay, on three days notice.
RIVERA, J.P., SPOLZINO, GOLDSTEIN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court