Appellate Division: Second Judicial Department

M155041

E/sl

MARK C. DILLON, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SYLVIA HINDS-RADIX, JJ.

2013-02049 Gary Zecher, appellant, v Gale Zecher, respondent. (Index No. 200916/12)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated January 18, 2013, and to stay enforcement of the order, pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary (see CPLR 5701[a][2]); and it is further,

ORDERED that the branch of the motion which is for a stay is granted to the extent that enforcement of so much of the order as directed the appellant to pay interim maintenance in the sum of $10,750 per month, interim child support and child support arrears totaling $4,000 per month, and interim counsel fees in the sum of $40,000 is stayed pending hearing and determination of the appeal on condition that the appellant (1) perfect the appeal on or before May 23, 2013, (2) pay the respondent each month the sums of $7,000 representing interim maintenance and $2,000 representing interim child support, with the first payment to be made on or before April 30, 2013, and subsequent payments to be made on or before the 15th of each month thereafter pending hearing and determination of the appeal, and (3) pay the respondent the sum of $10,000 on or before May 7, 2013, representing additional interim counsel fees, and that branch of the motion is otherwise denied; and it is further,

ORDERED that in the event that the appellant does not comply with the foregoing, 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.

DILLON, J.P., LOTT, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court