Rubin v Rubin
Motion No: 2010-05367
Slip Opinion No: 2010 NY Slip Op 74722(U)
Decided on June 17, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M104493

E/sl

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2010-05367

Lauren Rubin, appellant,

v Ted Rubin, respondent.

(Index No. 203699/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, dated May 25, 2010, which, inter alia, directed her incarceration for contempt, 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 and in relation thereto, it is

ORDERED that the motion is granted to the extent that the appellant's incarceration for contempt is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 19, 2010, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 19, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

MASTRO, J.P., FLORIO, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court