Appellate Division: Second Judicial Department

M85324

E/cb

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2009-03117 David Lesser, appellant, v Donna Lesser, rspondent. (Index No. 08-42314)

DECISION & ORDER ON MOTION

Motion by David Lesser for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated April 1, 2009, to stay enforcement of the order pending hearing and determination of the appeal, and for a preference in the calendaring of the 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 is granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated April 1, 2009, is granted to the extent that enforcement of so much of the order as directed David Lesser to pay Donna Lesser an attorney's fee in the sum of $25,000 and spousal support in the sum of $2,500 per week is stayed pending hearing and determination of the appeal or until the Supreme Court, Suffolk County, determines the underlying pendente lite motion, whichever occurs first, on condition that David Lesser continue to pay Donna Lesser the sum of $800 per week in spousal support as well as all the expenses of the marital residence, all the expenses of the children and any other expenses of Donna Lesser that he was paying prior to the issuance of the order dated April 1, 2009; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., MILLER, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court