Appellate Division: Second Judicial Department

M74900

E/sl

WILLIAM F. MASTRO, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2008-07606 Mary Ann Jones, respondent, v Melvin W. Jones, Sr., appellant. (Index No. 29263-07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated August 11, 2008, and to release the appellant from incarceration pending hearing and determination of an appeal therefrom.

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 the order is stayed pending hearing and determination of the appeal on condition that (1) the appellant pay to the respondent the sum of $5,000, to be credited towards the arrears, (2) the appellant remain current on all support obligations accruing after September 1, 2008, and (3) the appellant perfect the appeal on or before September 22, 2008; and it is further,

ORDERED that in the event the appellant does not comply with the foregoing conditions, 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 upon receipt of this order together with proof that the appellant has paid the respondent the sum of $5,000, the Warden of the Suffolk County Department of Corrections, or his or her agent, is directed to immediately release the appellant forthwith.

MASTRO, J.P., LIFSON, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court