Appellate Division: Second Judicial Department

M114340

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2011-00108 Doreen Moore, respondent, v Harold Moore, etc., appellant. (Index No. 203700/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of a judgment of the Supreme Court, Nassau County, entered December 14, 2010, as conditionally committed him to the Nassau County Correctional Facility for a period of 60 days or until he purges his contempt, pending hearing and determination of an appeal from the judgment, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is for a stay is granted, and enforcement of so much of the judgment entered December 14, 2010, as conditionally committed the appellant to the Nassau County Correctional Facility for a period of 60 days or until he purges his contempt is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 20, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 20, 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,

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are denied, with leave to renew on or before February 3, 2011, upon proper papers, including the appellant's affidavit setting forth the

appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses.

MASTRO, J.P., DILLON, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court