Appellate Division: Second Judicial Department

M109488

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2010-09190 Emlyn Nieves, respondent, v Richard Vega, appellant. (Index No. 200644/10)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, dated August 19, 2010, and to stay a hearing on the issue of whether the respondent should receive exclusive use and occupancy of the marital residence, 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 thereto, it is

ORDERED that the motion is granted to the extent that enforcement of so much of the order dated August 19, 2010, as granted those branches of the respondent's motion which were for pendente lite child support and maintenance and directed the appellant to pay pendente lite child support and maintenance as well as arrears for child support and maintenance is stayed pending hearing and determination of the appeal on condition that the appellant (1) remain current on all other payments directed by the order dated August 19, 2010, except for payments for pendente lite child support and maintenance or arrears for child support and maintenance, (2) pay child support to the respondent in the sum of $150 per week, commencing on or before October 21, 2010, and payable on or before Thursday of each week thereafter, and (3) perfect the appeal on or before November 15, 2010, and 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.

BALKIN, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court