Appellate Division: Second Judicial Department

M66573

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

2007-04701 Dawn Wesche, plaintiff, v Edward Wesche, respondent; Foster & Vandenburgh, LLP, nonparty-appellant. (Index No. 5376-04)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant to stay enforcement of so much of an order of the Supreme Court, Suffolk County, dated April 11, 2007, as imposed a sanction upon it in the sum of $2,500 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 to the extent that enforcement of so much of an order of the Supreme Court, Suffolk County, dated April 11, 2007, as imposed a sanction upon the nonparty-appellant in the sum of $2,500 is stayed pending hearing and determination of the appeal on condition that the nonparty-appellant deposit the sum of $3,500 in escrow with James D. Reddy, Esq., the attorney for the respondent, on or before February 25, 2008, if the nonparty-appellant has not already done so pursuant to the order to show cause of this court dated February 7, 2008, to secure payment of the sanction and the costs and disbursements of the appeal, and the motion is otherwise denied.

RIVERA, J.P., RITTER, CARNI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court