Appellate Division: Second Judicial Department

M67955

E/sl

STEVEN W. FISHER, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2008-01682 Richard P. Massimi, respondent, v Melissa A. Massimi, appellant. (Index No. 03-4975)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Orange County, dated February 6, 2008, as directed the return of certain items of personal property set forth in an amended judgment of the same court dated May 4, 2007, 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 the order dated February 6, 2008, as directed the return of certain items of personal property set forth in the amended judgment dated May 4, 2007, is stayed pending hearing and determination of the appeal from the order on condition that the appeal is perfected on or before April 21, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 21, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

FISHER, J.P., MILLER, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court