Savarese v Savarese
Motion No: 2011-03950
Slip Opinion No: 2011 NY Slip Op 76863(U)
Decided on June 28, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M122244

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

Appeal by Monica Savarese from an order of the Supreme Court, Nassau County, dated April 20, 2011. By decision and order on motion of this Court dated May 9, 2011, enforcement of so much of the order dated April 20, 2011, as directs the appellant to vacate the marital residence on alternate weekends during the respondent's visitation with the subject children was stayed pending hearing and determination of the appeal on condition that the appeal was perfected on or before June 8, 2011. The appeal has not been perfected.

Now, on the Court's own motion, it is

ORDERED that the stay granted in the decision and order on motion dated May 9, 2011, is vacated.

LEVENTHAL, J.P., CHAMBERS, LOTT and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court