Appellate Division: Second Judicial Department

M103160

E/sl

MARK C. DILLON, J.P.

HOWARD MILLER

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2010-04033 Donna Hurst Hepburn, respondent, v David Hepburn, appellant. (Index No. 21173/06)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay the equitable distribution of his "Long Island Rail Road Company Pension Plan" and "Long Island Rail Road Company Plan for Additional Pensions," pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated April 13, 2010. Cross motion by the respondent for an award of counsel fees in the sum of $5,512.50 incurred with respect to the appeal.

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

ORDERED that the motion is granted, and equitable distribution of the appellant's "Long Island Rail Road Company Pension Plan" and "Long Island Rail Road Company Plan for Additional Pensions" is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 18, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 18, 2010, 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 cross motion is denied.

DILLON, J.P., MILLER, CHAMBERS and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court