Appellate Division: Second Judicial Department

M129695

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2011-08993 Joseph Comizio, appellant, v Laurie Comizio, respondent. (Index No. 02-6599)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of stated portions of an order of the Supreme Court, Orange County, dated April 13, 2011, pending hearing and determination of an appeal therefrom.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and enforcement of so much of the order as directed the appellant to "sequester" his Merrill Lynch IRA account, pay the sum of $14,400 per year from the account to the respondent for basic child support, and submit an amended judgment is stayed pending hearing and determination of the appeal on condition that the appellant (1) pay the respondent the sum of $1,665.47 per month in basic child support, and (2) perfect the appeal on or before December 30, 2011; 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, without further notice, or the respondent may move to vacate the stay, on three days notice.

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

ENTER:

Aprilanne Agostino

Clerk of the Court