Appellate Division: Second Judicial Department

M91699

E/sl

HOWARD MILLER, J.P.

CHERYL E. CHAMBERS

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2009-07507 Brian J. Levy, respondent, v Marisa Levy, appellant. (Index No. 28949-07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated June 30, 2009, 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 to the extent that so much of the order as eliminated the respondent's obligation to pay the carrying charges on the marital residence and child support is stayed on condition that the appeal is perfected on or before October 13, 2009, and the motion is otherwise denied; and it is further,

ORDERED that pending hearing and determination of the appeal the respondent shall pay child support in the sum of $350 per week and pay the carrying charges on the marital residence; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 13, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

We note that no other proceedings are stayed pending hearing and determination of the appeal.

MILLER, J.P., CHAMBERS, LOTT and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court