PRESENT: SCUDDER, P. J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.

DOCKET NOS. CA 11-01229 AND CA 11-01257

ELLEN GALLAGHER, PLAINTIFF-RESPONDENT, V EDWARD GALLAGHER, DEFENDANT-APPELLANT.

Appellant having moved, upon the return of an order to show cause granted by the Honorable John V. Centra on June 17, 2011, for a stay of all proceedings to enforce judgments of the Supreme Court entered in the Office of the Clerk of the County of Oneida on April 28, 2011, and May 26, 2011, pending the hearing and determination of the appeals taken herein,

Now, upon reading and filing the affidavits of John A. Cirando, Esq. sworn to May 11, 2011, May 16, 2011, and June 16, 2011, said show cause order with proof of service thereof, the affirmation of Thomas L. Atkinson, Esq. dated May 24, 2011, and the affidavit of Ellen J. Gallagher sworn to May 18, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that, pending this Court's hearing and determination of the appeals taken herein, appellant is not required to pay the $300,000, representing the initial lump sum distributive award of $260,000 and the payment of $40,000 to Getnick Livingston Atkinson & Priore, LLP, but appellant is still required to make the monthly payment of $4,130.45, and

It is further ORDERED that the motion is granted to the extent described above on the following conditions: (1) appellant shall perfect the appeal on or before August 22, 2011, (2) appellant shall in all other manner comply with directives of the judgment (denominated Amended Final Judgment of Divorce) entered May 26, 2011, (3) appellant shall become current, and remain current, with his child support obligation by paying $1,200 for unpaid child support (March, April, May) and $400 every month beginning in June as current child support, for as long as respondent and child remain living in the marital home, to be paid through the Oneida County Support Collection Unit, and by paying $900 for child support arrears (March, April, May) and $300 every month beginning in June, until the arrears amount of $11,200 has been paid off, to be paid through the Oneida County Support Collection Unit, and (4) appellant shall comply with those portions of Justice David A. Murad's letter decision and order of April 28, 2011, and Justice David A. Murad's letter order amending decision and order of April 28, 2011, which require appellant to pay respondent $5,062.12 for the reimbursement of unpaid utility bills, and $262.14 in back payments for March, April, and May 2011, and $87.38 per month thereafter for health insurance coverage for appellant's daughter.

Entered: June 22, 2011

Patricia L. Morgan, Clerk