| Taylor v Taylor |
| Motion No: 2010-07671 |
| Slip Opinion No: 2010 NY Slip Op 82021(U) |
| Decided on September 13, 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
M108177
E/sl
MARK C. DILLON, J.P.
ANITA R. FLORIO
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2010-07671 Janet Taylor, respondent, v Ian Ross Taylor, appellant. (Index No. 04-3625)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered June 29, 2010, to stay enforcement of so much of the order as directed the entry of a money judgment against him, directed him to pay the respondent an attorney's fee in the sum of $15,000, and held him in contempt, and to stay enforcement of a certain money judgment in the sum of $726,628.02 which was noticed for settlement on August 18, 2010, pending hearing and determination of an appeal from the order, and for leave to appeal to this court from certain portions of the order.
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 to the extent that enforcement of so much of the order entered June 29, 2010, as directed the appellant to pay the respondent an attorney's fee in the sum of $15,000, is stayed, enforcement of any money judgment entered upon the order entered June 29, 2010, is stayed, and all proceedings based on so much of the order entered June 29, 2010, as granted the respondent's motion to hold the appellant in contempt are stayed, pending hearing and determination of the appeal, on condition that (1) on or before October 27, 2010, the appellant perfects the appeal, and (2) on or before the first day of each month, pending hearing and determination of the appeal, the appellant pays the respondent the sums of $50,000 for maintenance and $6,250 for child support, and that branch of the motion is otherwise denied; 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 leave to appeal is denied as unnecessary (see CPLR 5701[a]).
DILLON, J.P., FLORIO, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court