Appellate Division: Second Judicial Department

M63689

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2007-10746 Alan Raymond Barr, appellant, v Cathleen Cannata, respondent. (Index No. 7202-07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Suffolk County, dated October 25, 2007, as awarded the respondent child support in the sum of $426 per week, pending hearing and determination of an appeal from the order.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and enforcement of so much of an order of the Supreme Court, Suffolk County, dated October 25, 2007, as awarded the respondent child support in the sum of $426 per week is stayed pending hearing and determination of the appeal on condition that (1) the appeal is perfected on or before January 14, 2008, and (2) the appellant pays to the respondent the sum of $300 per week beginning on December 17, 2007, pending hearing and determination of the appeal; and it is further,

ORDERED that in the appellant does not comply with the foregoing conditions the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

MILLER, J.P., RITTER, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court