Appellate Division: Second Judicial Department

M119049

E/mv

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

SHERI S. ROMAN, JJ.

2011-03316 Yael Hirsh, respondent, v Michael Stern, appellant. (Index No. 200724/09)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, dated April 5, 2011, pending hearing and determination of an appeal therefrom.

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 all provisions of the order dated April 5, 2011, except the ninth and tenth decretal paragraphs thereto, is stayed pending hearing and determination of the appeal on condition that the record or appendix on the appeal and the appellant's brief shall be filed and served pursuant to CPLR 2103(b)(1) or (3) on or before May 16, 2011, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected in accordance with the foregoing provision, on or before May 16, 2011, the Court, on its own motion, shall vacate the stay; and it is further,

ORDERED that the respondent's brief, if any, shall be filed and served pursuant to CPLR 2103(b)(1) or (3) on or before May 31, 2011; and it is further,

ORDERED that the appellant's reply brief, if any, shall be filed and served on or before June 6, 2011.

SKELOS, J.P., ANGIOLILLO, DICKERSON and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court