Appellate Division: Second Judicial Department

M141126

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

ROBERT J. MILLER, JJ.

2012-00398 Mark Seruya, appellant, v Heidi Seruya, respondent. (Index No. 04-5150)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, entered December 12, 2011, as well as any proceedings to hold the appellant in contempt for failing to comply with the order entered December 12, 2011, pending hearing and determination of an appeal from the order entered December 12, 2011, or to confirm that an automatic stay of enforcement of the order dated December 12, 2011, is in effect.

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 the order as well as any proceedings to hold the appellant in contempt for failing to comply with the order is granted, enforcement of the order as well as any proceedings to hold the appellant in contempt for failing to comply with the order are stayed, and the temporary restraining order contained in the order to show cause of this Court filed July 10, 2012, is continued, pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 22, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 22, 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 branch of the motion which is to confirm that an automatic stay is in effect is denied as unnecessary (see CPLR 5519[a][2]).

DILLON, J.P., FLORIO, LEVENTHAL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court