| Berardi v Berardi |
| Motion No: 2007-07574 |
| Slip Opinion No: 2007 NYSlipOp 84328(U) |
| Decided on November 23, 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
M62675
E/sl
REINALDO E. RIVERA, J.P.
ROBERT A. SPOLZINO
DAVID S. RITTER
WILLIAM E. McCARTHY, JJ.
|
2007-07574, 2007-10396 Jeanne Berardi, respondent, v Joseph Berardi, appellant. (Index No. 16381/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this court from an order of the Supreme Court, Nassau County, entered July 31, 2007, and to stay enforcement of that order as well as an order of the same court dated June 19, 2007, pending hearing and determination of appeals from the two orders. Cross motion by the respondent to vacate a temporary restraining order contained in an order to show cause of this court dated October 24, 2007, which stayed enforcement of the order dated June 19, 2007, and the order entered July 31, 2007, and reinstated a domestic relations order of the Supreme Court, Nassau County, dated September 24, 2002, pending hearing and determination of the appellant's motion, and for an award of costs.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that enforcement of the order dated June 19, 2007, and the order entered July 31, 2007, is stayed and the domestic relations order dated September 24, 2002, is reinstated, pending hearing and determination of the appeals from the order dated June 19, 2007, and the order entered July 31, 2007, on condition that the appeals are perfected on or before December 24, 2007; and it is further,
ORDERED that in the event the appeals are not perfected on or before December 24, 2007, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the branch of the cross motion which is to vacate the temporary restraining order is denied as academic; and it is further,
ORDERED that the cross motion is otherwise denied.
RIVERA, J.P., SPOLZINO, RITTER and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court