Appellate Division: Second Judicial Department

M120282

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2011-02260 Edward Harris, appellant, v Helen M. Harris, respondent. (Index No. 26123/07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Suffolk County, entered January 11, 2011, including his obligation to pay maintenance, pending hearing and determination of an appeal from the judgment, and for a preference in the calendaring of the appeal.

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 to stay enforcement of the judgment is granted to the extent that enforcement of so much of the judgment as directed the appellant to pay arrears for child support that accrued before entry of the judgment is stayed pending hearing and determination of the appeal on condition that (1) the appeal is perfected on or before June 16, 2011, and (2), on or before June 16, 2011, the appellant pay the respondent any arrears for child support and maintenance that accrued after entry of the judgment and then remain current on his chid support and maintenance obligations accruing after entry of the judgment; and it is further,

ORDERED that in the event the appellant does not comply with the foregoing conditions, 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 motion is otherwise denied.

RIVERA, J.P., BALKIN, LOTT and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court