Matter of Imperato v Imperato
Motion No: 2007-10174
Slip Opinion No: 2007 NYSlipOp 85954(U)
Decided on December 12, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M63619

E/nl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

PETER B. SKELOS

THOMAS A. DICKERSON, JJ.

2007-10174

In the Matter of Sarina Imperato, respondent,

v Anthony Imperato, appellant.

(Docket No. F-5727/06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Orange County, entered October 11, 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 enforcement of so much of the order entered October 11, 2007, as awarded child support arrears retroactive to October 30, 2006, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 11, 2008, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 11, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

SPOLZINO, J.P., FLORIO, SKELOS and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court