| Schwartz v Schwartz |
| Motion No: 2011-10965 |
| Slip Opinion No: 2011 NY Slip Op 92693(U) |
| Decided on December 12, 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
M130176
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2011-10965 Jill Schwartz, respondent, v Scott Schwartz, appellant. (Index No. 5769/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Rockland County, dated November 21, 2011, pending hearing and determination of an appeal therefrom.
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 awarded the respondent an attorney's fee in the sum of $5,000 is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 11, 2012, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before January 11, 2012, 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.
DILLON, J.P., BALKIN, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court