Appellate Division: Second Judicial Department

M110079

E/sl

A. GAIL PRUDENTI, P.J.

JOSEPH COVELLO

ANITA R. FLORIO

ARIEL E. BELEN, JJ.

2010-09366 Lisa A. Slosberg, respondent, v Mark A. Slosberg, appellant. (Index No. 8828/10)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, entered July 28, 2010, in effect, to reduce the sums the appellate is required to pay for pendente lite child support and maintenance, and to direct that the children's college and secondary expenses be paid using student loans and the funds in certain accounts, pending hearing and determination of the appeal.

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 the college expenses for the parties' daughter shall be paid through a combination of student loans and utilization of the funds in her 26 USC § 529 education savings account and her custodial account, and the private secondary school expenses for the parties' son shall be paid from the funds in his custodial account and, if the funds in that account are exhausted, from the funds in the parties' jointly held Vanguard mutual fund account, pending hearing and determination of the appeal, and the motion is otherwise denied.

PRUDENTI, P.J., COVELLO, FLORIO and BELEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court