Appellate Division: Second Judicial Department

M113690

E/sl

ANITA R. FLORIO, J.P.

RANDALL T. ENG

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2010-11626 Simon Maybaum, respondent, v Nadine Maybaum, appellant. (Index No. 10-10325)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial on the issue of grounds for divorce in the above-entitled action and to stay enforcement of so much of an order of the Supreme Court, Westchester County, entered December 1, 2010, as struck stated paragraphs of her counterclaim and directed her to file an amended counterclaim, 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 the trial on the issue of grounds for divorce in the above-entitled action, as well as enforcement of so much of the order entered December 1, 2010, as struck stated paragraphs of the appellant's counterclaim and directed the appellant to file an amended counterclaim are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 7, 2011, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 7, 2011, 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,

FLORIO, J.P., ENG, BELEN and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court