Appellate Division: Second Judicial Department

M65686

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

MARK C. DILLON

ARIEL E. BELEN, JJ.

2008-00019 Thomas Kennedy, appellant, v Jacqueline Kennedy, respondent. (Index No. 837/96)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of so much of an order of the Supreme Court, Nassau County, dated December 14, 2007, as sentenced him to a term of incarceration, 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 branch of the motion which is to stay enforcement of so much of an order of the Supreme Court, Nassau County, dated December 14, 2007, as sentenced the appellant to a term of incarceration is granted, and enforcement of that portion of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 6, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 6, 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 motion is otherwise denied.

RIVERA, J.P., MILLER, DILLON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court