| Rubio v Rubio |
| Motion No: 2011-02489 |
| Slip Opinion No: 2011 NY Slip Op 75822(U) |
| Decided on June 15, 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
M121654
E/sl
WILLIAM F. MASTRO, J.P.
ARIEL E. BELEN
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2011-02489 Henry Rubio, appellant, v Rosemary Rubio, respondent. (Index No. 24476/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated December 16, 2010, pending hearing and determination of an appeal therefrom. Separate motion by the respondent pro se for poor person relief and for the assignment of counsel.
Upon the papers filed in support of the motions and the papers filed in relation to the appellant's motion, and no papers having been filed in opposition or in relation to the respondent's motion, it is
ORDERED that the appellant's motion is granted, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 15, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 15, 2011, 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 respondent's motion is denied.
MASTRO, J.P., BELEN, SGROI and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court