Appellate Division: Second Judicial Department

M99574

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2010-01379 Todd R. Coven, respondent, v Aurily T. Coven, appellant. (Index No. 35954-08)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of so much of an order of the Supreme Court, Suffolk County, dated January 12, 2010, as directed her to return to the line of credit account the sum of $125,000, 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 branch of the motion which is to stay enforcement of so much of an order dated January 12, 2010, as directed the appellant to return to the line of credit account the sum of $125,000, is granted, and enforcement of that portion of the order is stayed pending hearing and determination of the appeal on condition that (1) the appeal is perfected on or before April 9, 2010, (2) the appellant return to the line of credit account the sum of $50,000, on or before March 22, 2010, and (3) the appellant place in escrow the sum of $50,000, with the respondent's attorney on or before March 22, 2010; and it is further,

ORDERED that in the event the appellant does not comply with the foregoing conditions, 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 motion is otherwise denied.

DILLON, J.P., BALKIN, DICKERSON and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court