Appellate Division: Second Judicial Department

M155035

E/sl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2012-04067, 2013-03936 Ilana Hanau, appellant, v Mark Cohen, respondent. (Index No. 50718/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Kings County, dated January 30, 2013, as granted the respondent a credit against his monthly child support obligation for the expense of college room and board paid on behalf of the child Alexandra, pending hearing and determination of an appeal from the order, and to enlarge the time to perfect an appeal from an order of the same court dated January 5, 2012.

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

ORDERED that the motion is granted; and it is further,

ORDERED that enforcement of so much of the order dated January 30, 2013, as granted the respondent a credit against his monthly child support obligation for the expense of college room and board paid on behalf of the child Alexandra is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 22, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 22, 2013, 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 appellant's time to perfect the appeal from the order dated January 5, 2012, is enlarged until May 22, 2013, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

MASTRO, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court