Appellate Division: Second Judicial Department

M135673

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2012-02260 Ralph Patete, appellant, v Irma Rodriguez, respondent. (Index No. 9793/06)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of a judgment of the Supreme Court, Queens County, entered February 23, 2012, 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 the third, fourth, sixth, seventh, eighth, ninth, eleventh, and fourteenth decretal paragraphs of the judgment and so much of the fifth decretal paragraph as directed the sale of the El Verde property and directed that the proceeds of the sales of the real properties known as Sierra Bayamon, Chateau Lagoon, Park Plaza, and Malaga Park, be divided by the parties, is stayed pending hearing and determination of the appeal on condition that the appellant (1) continues to pay child support in the sum of $700 per month, payable on or before the first day of each month until the parties' child reaches the age of 21 or is sooner emancipated, (2) pays 50% of college tuition and expenses for the parties' child for the current academic year on or before April 25, 2012, and 50% of any future college tuition and expenses in accordance with the provisions of the judgment pending hearing and determination of the appeal, and (3) perfects the appeal on or before May 23, 2012; and it is further,

ORDERED that the respondent's counsel shall hold the proceeds of the sales of the real properties known as Sierra Bayamon, Chateau Lagoon, Park Plaza, and Malaga Park in an interest-bearing escrow account pending hearing and determination of the appeal; 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; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., BALKIN, ENG and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court