| Fratello v Fratello |
| Motion No: 2010-04576 |
| Slip Opinion No: 2010 NY Slip Op 72271(U) |
| Decided on May 24, 2010 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M103390
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
SHERI S. ROMAN, JJ.
|
2010-04576 Clifford Fratello, appellant, v Dorothy Fratello, respondent. (Index No. 15409-07)
| 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, Suffolk County, dated March 22, 2010.
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 the appellant's incarceration for contempt is stayed pending hearing and determination of the appeal, on condition that the appellant pay to the respondent the sum of $13,000, to be credited towards the arrears; and it is further,
ORDERED that upon receipt of this order together with proof that the appellant has paid the respondent the sum of $13,000, the Warden of the Suffolk County Department of Corrections, or his or her agent, is directed to immediately release the appellant forthwith.
RIVERA, J.P., BALKIN, LEVENTHAL and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court