Appellate Division: Second Judicial Department

M120965

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2011-03457 Pamela Flink, respondent-appellant, v Stephen Flink, appellant-respondent. (Index no. 202176/10)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent, inter alia, to stay enforcement of so much of an order of the Supreme Court, Nassau County, dated March 8, 2011, as directs him to pay pendente lite child support in the sum of $574.75 per week, pendente lite maintenance in the sum of $600 per week, and counsel fees in the sum of $5,000, on condition that he pay pendente lite child support and maintenance in certain reduced sums, as well as certain other expenses, pending hearing and determination of an appeal and cross appeal from the order.

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 order as directs the appellant-respondent to pay pendente lite child support in the sum of $574.75 per week and pendente lite maintenance in the sum of $600 per week is stayed pending hearing and determination of the appeal and cross appeal on condition that the appellant-respondent (1) perfect the appeal on or before July 5, 2011, (2) pay the respondent-appellant pendente lite child support in the sum of $400 per week and pendente lite maintenance in the sum of $400 per week, commencing immediately, (3) continue to pay the following household bills and expenses: (a) monthly mortgage, inclusive of real estate taxes on the marital residence, and the home equity line of credit monthly payment, (b) monthly condominium assessment charges, (c) existing homeowners insurance policies, (d) existing automotive insurance policies for the parties' vehicles, (e) LIPA electric, (f) Cablevision, (g) home telephone, long distance telephone, and internet, (h) satellite TV, (i) the respondent- appellant's AT & T cellular telephone charges, (j) premiums on existing life insurance policies, (k) the respondent-appellant's current car lease, and (1) the sum of $50 per week to the respondent-appellant for gas, and (4) maintain health insurance coverage for the respondent-appellant and the parties' children, and pay 100% of all unreimbursed health care expenses, inclusive of previously unreimbursed and outstanding health care expenses, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appellant-respondent does not comply with the foregoing conditions, the Court, on its own motion, may vacate the stay, or the respondent-appellant may move to vacate the stay, on three days notice.

DILLON, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court