Appellate Division: Second Judicial Department

M95637

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2009-10422 Kristene Reichard, respondent, v Kevin M. Reichard, appellant. (Index No. 07-18074)

DECISION & ORDER ON MOTION

Motion by the appellant to stay his incarceration for contempt pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated November 5, 2009.

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

ORDERED that on the court's own motion, the notice of appeal from a transcript of the minutes of the proceedings in the Supreme Court, Westchester County, on October 29, 2009, is deemed to a be a premature notice of appeal from the order dated November 5, 2009 (see CPLR 5520[c]), and the notice of appeal is also treated as an application for leave to appeal from the order dated November 5, 2009, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

ORDERED that the motion is granted, and the appellant's incarceration for contempt is stayed pending hearing and determination of the appeal or determination of the underlying motion to hold the appellant in contempt, which is returnable December 7, 2009, on condition that on or before December 22, 2009, the appellant pay the sum of $1,850 to the attorney for the child and execute a payment plan with the financial evaluator and file proof of payment and a copy of the executed payment plan with this court.

RIVERA, J.P., ANGIOLILLO, LOTT and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court