Appellate Division: Second Judicial Department

M69026

E/cb

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2008-02586 Heather Miller, appellant, v Daniel Miller, respondent. (Index No. 6735/07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Suffolk County, dated February 11, 2008, as found him in contempt and awarded the respondent an attorney's fee in the sum of $8,800, pending hearing and determination of an appeal from the order. Application by the appellant to so-order a stipulation of the parties dated April 9, 2008.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, and upon the application, it is

ORDERED that the motion is granted, and enforcement of so much of the order dated February 11, 2008, as found the appellant in contempt and awarded the respondent an attorney's fee in the sum of $8,800 is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 14, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 14, 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 application is denied.

RIVERA, J.P., SANTUCCI, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court