Appellate Division: Second Judicial Department

M62683

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

FRED T. SANTUCCI

ROBERT A. LIFSON, JJ.

2007-10214 In the Matter of Tracy Grasso, respondent, v Joseph LaRocca, appellant. (Docket No. F-3359/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Suffolk County, dated October 24, 2007, pending hearing and determination of an appeal therefrom.

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 the appellant shall be released from civil commitment pending hearing and determination of the appeal (1) on condition that the appeal is perfected on or before January 25, 2008, and (2) on further condition that prior to his release the appellant pay to the respondent or to her attorney, on behalf of the respondent, the sum of $1,500, representing a portion of the arrears he owes, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 25, 2008, 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 Warden of the facility at which the appellant is incarcerated, or his or her agent, is directed to immediately release the appellant upon receipt of a certified copy of this decision and order on motion and proof that the appellant has paid the sum of $1,500, in accordance herewith.

PRUDENTI, P.J., MASTRO, SANTUCCI and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court