PRESENT: SCUDDER, P.J., HURLBUTT, CENTRA, AND GORSKI, JJ.

DOCKET NO. CA 09-02377

RONALD VANYO, PLAINTIFF-RESPONDENT, V ANN VANYO, DEFENDANT-APPELLANT.

Appellant having moved for a stay of all proceedings to enforce a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 14, 2009, pending the hearing and determination of the appeal taken herein,

Now, upon reading and filing the affidavit of Ann Vanyo sworn to November 17, 2009, the affirmation of Steven M. Cohen dated November 17, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Robert R. Vario sworn to November 24, 2009, the reply affidavit of Kevin S. Mahoney sworn to November 27, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is granted, to the extent that all proceedings to enforce the seventh decretal paragraph of the judgment entered September 14, 2009 are hereby stayed pending the hearing and determination of the appeal taken herein, on the condition that appellant perfect the appeal on or before February 5, 2010, and all proceedings to enforce the fifth decretal paragraph of the judgment are hereby stayed on the condition that appellant shall pay respondent $154.23 per week in child support pending the hearing and determination of this appeal (see McKiernan v McKiernan, 223 AD2d 917 [1996]), and the motion is otherwise denied (see Kightlinger v Kightlinger, 231 AD2 969 [1996]).

Entered: December 7, 2009

Patricia L. Morgan, Clerk