Appellate Division: Second Judicial Department

M114402

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2010-11834 Howard Levitt, appellant, v Helene Levitt, respondent. (Index No. 201985/09)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of stated portions of a judgment of the Supreme Court, Nassau County, entered December 8, 2010, upon certain conditions, pending hearing and determination of an appeal therefrom, and to vacate a certain income execution.

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 enforcement of so much of the judgment as directed the appellant to pay maintenance to the respondent in the sum of $7,500 per month until the sale of the marital residence, and as directed the appellant to pay retroactive maintenance in the sum of $92,177.42 is stayed, and the income execution dated December 6, 2010, directed to Tourneau, LLC, is stayed, pending hearing and determination of the appeal on condition that the appellant (1) perfect the appeal on or before March 7, 2011, (2) pay maintenance to the respondent in the sum of $3,750 per month payable on or before the first day of each month, commencing February 1, 2011, (3) place the sum of $60,000 from a $212,304 distributive award paid by the respondent, in an interest-bearing account maintained by the appellant's counsel Gassman, Baiamonte, Betts & Tannenbaum, P.C., and the motion is otherwise denied; and it is further,

ORDERED that in the event the appellant fails to comply with any of the above conditions, 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., DILLON, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court