Appellate Division: Second Judicial Department

M101818

E/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2010-01643 William Alderman, respondent, v Donna Alderman, appellant. (Index No. 04-9918)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered January 21, 2010, to stay enforcement of an order of commitment of the same court dated April 16, 2010, pending hearing and determination of the appeal.

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 of commitment dated April 16, 2010, is stayed pending hearing and determination of the appeal from the order entered January 21, 2010, on condition that the appellant surrender her passport to her attorneys and her attorneys hold her passport pending hearing and determination of the appeal; and it is further,

ORDERED that the Warden of the facility at which the appellant is incarcerated, or his or her agent, is directed to immediately release the appellant upon receipt of a certified copy of this decision and order on motion as well as an affirmation from the appellant's attorneys confirming that the appellant has surrendered her passport to them and that they are holding the passport pending hearing and determination of the appeal.

MASTRO, J.P., DICKERSON, AUSTIN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court