| Marie G. Del Prete v Paul Palmieri |
| Motion No: 2008-01239 SC |
| Slip Opinion No: 2008 NYSlipOp 83253(U) |
| Decided on August 27, 2008 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| MARIE G. DEL PRETE, Respondent, -against- PAUL PALMIERI, Appellant. |
DECISION
Motion by appellant to stay enforcement of order of April 8, 2008, and to vacate the restraining order on appellant's bank account is granted and enforcement of the order of April 8, 2008 is stayed pending determination of the appeal on condition that within 10 days from the date of the order hereon appellant deposit with the court below the amount of $6,562.08 as an undertaking with the court below with proof of the deposit to be filed with this court one business day after such deposit and upon the further condition that the appeal is perfected by November 7, 2008. Upon such deposit, the restraining notice is vacated.
In the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on 3 days' notice.