Appellate Division: Second Judicial Department

M107695

E/ct

PETER B. SKELOS, J.P.

ANITA R. FLORIO

RANDALL T. ENG

SHERI S. ROMAN, JJ.

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

DECISION & ORDER ON MOTION

Motion by the respondent to vacate a stay of enforcement of certain portions of a judgment of the Supreme Court, Nassau County, entered July 2, 2010, pending hearing and determination of an appeal therefrom, which was granted by decision and order on motion of this court dated July 28, 2010. Separate motion by the appellant to modify so much of the order dated July 28, 2010, as conditioned the stay upon the payment of maintenance and child support on or before the first day of each month by conditioning the stay upon the payment of maintenance and child support on or before the 15th day of each month and to permit the payment of the sum of $75,000 in accordance with the order dated July 28, 2010, to be made from money held in escrow.

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

ORDERED that the respondent's motion to vacate the stay is denied; and it is further,

ORDERED that the branch of the appellant's motion which is to modify so much of the order dated July 28, 2010, as conditioned the stay upon the payment of maintenance and child support on or before the first day of each month by conditioning the stay upon the payment of maintenance and child support on or before the 15th day of each month is granted and the order dated July 28, 2010, is amended by deleting from the first decretal paragraph thereof the words "on or before the first day of the month for each month thereafter" and substituting therefor the words "on or before the 15th day of the month for each month thereafter"; and it is further,

ORDERED that the branch of the appellant's motion which is to permit the payment of the sum of $75,000 in accordance with the order dated July 28, 2010, to be made from money held in escrow is denied; and it is further,

ORDERED that the appellant's time to pay the respondent the sum of $75,000, as an attorney's fee, which is to be credited to the appellant's obligation pursuant to the judgment, pursuant to the order dated July 28, 2010, is extended until September 13, 2010; the appellant shall file proof of payment with this court or the stay will be vacated if payment is not made.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court