Abramson v Gavares
Motion No: 2012-06126
Slip Opinion No: 2012 NY Slip Op 79359(U)
Decided on July 19, 2012
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

M140937

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

ROBERT J. MILLER, JJ.

2012-06126

Russell Abramson, appellant,

v Maria Gavares, respondent.

(Index No. 203395/09)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of stated portions of an order of the Supreme Court, Nassau County, dated May 23, 2012, pending hearing and determination of an appeal therefrom, and for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to stay enforcement of so much of the order as directed the appellant to pay counsel fees to the respondent's attorney in the sum of $15,000 is granted, and enforcement of that portion of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 20, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 20, 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; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., ANGIOLILLO, BALKIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court