Appellate Division: Second Judicial Department

M110298

E/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2010-09937 Qamrul Rahman, etc., respondent, v Monoara Sultana, appellant. (Index No. 20933/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Queens County, entered September 27, 2010, and to direct that the respondent pay monthly spousal maintenance as set forth in a certain pendente lite order, pending hearing and determination of an appeal from the judgment.

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

ORDERED that the motion is granted and enforcement of the maintenance provisions of the judgment are stayed to the extent that pending hearing and determination of the appeal, the amount of spousal maintenance shall be the sum of $1,500 per month commencing immediately, in place of the sum directed by the judgment entered September 27, 2010, payable to the Support Collection Unit in accordance with the judgment entered September 27, 2010, on condition that the appeal is perfected on or before December 3, 2010, and the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, (1) the respondent's brief shall be served and filed on or before January 5, 2011, and (2) the appellant's reply brief, if any, shall be served and filed on or before January 20, 2011; and it is further,

ORDERED that no enlargement of the appellant's time to perfect the appeal shall be granted; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 3, 2010, the Court, on its own motion, may vacate the above provision concerning the amount of spousal maintenance, or the respondent may move to vacate that provision, on three days notice.

SKELOS, J.P., SANTUCCI, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court