Appellate Division: Second Judicial Department

M68538

E/sl

DAVID S. RITTER, J.P.

JOSEPH COVELLO

EDWARD D. CARNI

RANDALL T. ENG, JJ.

2008-01884 In the Matter of Neil M. Siskind, respondent- appellant, v Courtney A. Schael, appellant- respondent; Roberta Nancy Kaufman, nonparty- respondent. (Docket No. V-7484/03)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal and cross appeal from an order of the Family Court, Kings County, dated February 14, 2008, for leave to appeal to this court and to stay enforcement of so much of the order as directed her to pay compensation to the nonparty- respondent in the sum of $30,857.87, pending hearing and determination of the appeal and cross appeal.

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 for leave to appeal to this court is denied as unnecessary as the order is appealable as of right (see Family court Act § 1112[a]); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of so much of the order as directed the appellant-respondent to pay compensation to the nonparty-respondent in the sum of $30,857.87 is granted, and enforcement of so much of the order as directed the appellant-respondent to pay compensation to the nonparty-respondent in the sum of $30,857.87 is stayed pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before May 12, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 12, 2008, the court, on its own motion, may vacate the stay, or the nonparty-respondent may move to vacate the stay, on three days notice.

RITTER, J.P., COVELLO, CARNI and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court