Sirivanta v Sirivanta
Motion No: 2009-01709
Slip Opinion No: 2009 NYSlipOp 65708(U)
Decided on March 5, 2009
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M83236

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

JOSEPH COVELLO

RANDALL T. ENG, JJ.

2009-01709

Sivachart Sirivanta, appellant,

v Suchada Sirivanta, respondent.

(Index No. 01-3526)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Orange County, dated February 6, 2009, and to stay effectuation of a QDRO of the same court dated December 18, 2008, pending hearing and determination of an appeal from the order dated February 6, 2009.

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 dated February 6, 2009, and effectuation of the QDRO dated December 18, 2008, are stayed pending hearing and determination of the appeal, on condition that the appeal is perfected on or before April 6, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 6, 2009, the court, on its own motion, may vacate the stay or the respondent may move to vacate the stay on three days notice.

SPOLZINO, J.P., FLORIO, COVELLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court