Appellate Division: Second Judicial Department

M143483

E/sl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2012-07740 John Longman, appellant, v Kathleen Longman, respondent. (Index No. 42411-08)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Suffolk County, dated August 20, 2012, or to reduce the amount of the purge payment directed by that order from the sum of $100,000 to the sum of $10,000, pending hearing and determination of an appeal from the order. By order to show cause signed by a Justice of this Court dated August 24, 2012, enforcement of the order dated August 20, 2012, was stayed on condition that the appellant pay the respondent the sum of $35,000.

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 the stay of enforcement of the order dated August 20, 2012, contained in the order to show cause signed by a Justice of this Court dated August 24, 2012, is continued pending hearing and determination of the appeal on condition that the appellant, having paid a purge payment in the sum of $35,000, perfect the appeal on or before November 1, 2012, and remain current on his present child support and maintenance obligations, and the motion is otherwise denied; 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., ENG, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court