Appellate Division: Second Judicial Department

M106257

E/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

RANDALL T. ENG

SHERI S. ROMAN, JJ.

2010-06634 Nancy Siskind, respondent, Jeffrey Siskind, appellant. (Index No. 202676/05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Nassau County, entered July 2, 2010, pending hearing and determination of an appeal therefrom, and for a preference in the calendaring of the appeal.

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 for a stay is granted, and enforcement of the judgment is stayed pending hearing and determination of the appeal on condition that the appellant (1) pay the respondent the sum of $3,000 for maintenance and $2,000 for child support on or before August 5, 2010, for the month of August and on or before the first day of the month for each month thereafter, (2) pay the respondent the sum of $75,000 on or before August 12, 2010, as an attorney's fee, which is to be credited to the appellant's obligation pursuant to the judgment, (3) comply with the remaining terms of the pendente lite order of the Supreme Court, Nassau County, dated December 15, 2005, and the so-ordered stipulation dated November 17, 2005, and (4) perfect the appeal on or before September 27, 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 branch of the motion which is for a preference in the calendaring of the appeal is denied.

SKELOS, J.P., FLORIO, ENG and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court