Tarone v Tarone
Motion No: 2009-09752
Slip Opinion No: 2009 NY Slip Op 89145(U)
Decided on November 19, 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

M94682

T/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

HOWARD MILLER

SHERI S. ROMAN, JJ.

2009-09752

Gregory Tarone, appellant,

v Madeleine Tarone, respondent.

(Index No. 500001/06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, dated October 7, 2009, pending hearing and determination of an appeal therefrom. Separate motion by the respondent to impose a sanction upon the appellant and for an award of costs and an attorney's fee.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the appellant's motion is granted, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 17, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 17, 2009, 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 respondent's motion is denied.

RIVERA, J.P., DILLON, MILLER and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court