Shwartz v Okun
Motion No:
Slip Opinion No: 2010 NY Slip Op 86764(U)
Decided on October 29, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M110394

E/sl

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

RANDALL T. ENG

L. PRISCILLA HALL, JJ.

2010-09603

Mark Shwartz, respondent,

v Melanie Okun, appellant.

(Index No. 08-14153)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Westchester County, entered September 22, 2010, as directed her to pay to the respondent's counsel the sum of $300,000 for interim counsel fees 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 and enforcement of so much of the order of the Supreme Court, Westchester County, entered September 22, 2010, as directed the appellant to pay to the respondent's counsel the sum of $300,000 for interim counsel fees is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 29, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 29, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

MASTRO, J.P., BALKIN, ENG and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court