| Domino v Domino |
| Motion No: 2009-10168 |
| Slip Opinion No: 2009 NY Slip Op 89402(U) |
| Decided on November 20, 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. |
Appellate Division: Second Judicial Department
M94869
E/sl
A. GAIL PRUDENTI, P.J.
JOSEPH COVELLO
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
|
2009-10168 Maria Dolores Domino, respondent, v Geronimo Domino, defendant; Howard Dean, nonparty-appellant. (Index No. 03-4366)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant to stay enforcement of an order of the Supreme Court, Westchester County, dated August 31, 2009, as well as all proceedings to hold him in contempt, pending hearing and determination of an appeal from the order.
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 August 31, 2009, as well as all proceedings to hold the nonparty-appellant in contempt, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 23, 2009; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 23, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
PRUDENTI, P.J., COVELLO, LOTT and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court