| Savarese v Savarese |
| Motion No: 2011-03950 |
| Slip Opinion No: 2011 NY Slip Op 72170(U) |
| Decided on May 9, 2011 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M119794
E/sl
JOHN M. LEVENTHAL, J.P.
CHERYL E. CHAMBERS
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
|
2011-03950 Monica Savarese, appellant, v Joseph Savarese, respondent. (Index No. 201062/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated April 20, 2011, and to stay enforcement of so much of the order as directs her to vacate the marital residence on alternate weekends during the respondent's visitation with the subject children, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that enforcement of so much of the order as directs the appellant to vacate the marital residence on alternate weekends during the respondent's visitation with the subject children is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 8, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before June 8, 2011, the Court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
LEVENTHAL, J.P., CHAMBERS, LOTT and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court