Appellate Division: Second Judicial Department

M90400

E/sl

STEVEN W. FISHER, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2009-04650 In the Matter of Yvonne Armstrong, respondent, v Alonzo E. Doby, appellant. (Docket No. F-2474/08)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Nassau County, dated April 7, 2009, to stay enforcement of stated portions of an order of the same court dated October 30, 2008, pending hearing and determination of the appeal, and to enlarge the time to perfect 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 to stay enforcement of stated portions of the order dated October 30, 2008, is granted, and enforcement of so much of the order dated October 30, 2008, as directed the appellant to pay child support in the sum of $1,817.82 per month, retroactive arrears, confinement costs pursuant to Family Court Act § 545 in the sum of $3,322.72, and counsel fees pursuant to Family Court Act § 545 in the sum of $8,500 is stayed and the Nassau County Support Collection Unit is stayed from garnishing the appellant's wages pending hearing and determination of the appeal from the order dated April 7, 2009, on condition that the appellant (1) perfects the appeal on or before September 3, 2009, and (2) pays the respondent child support in the sum of $900 per month, via the Nassau County Support Collection Unit pursuant to the order dated October 30, 2008, on or before the first day of each month, commencing September 1, 2009; 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 the branch of the motion which is to enlarge the time to perfect the appeal is granted, and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until September 3, 2009.

FISHER, J.P., DICKERSON, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court