Kaplan v Kaplan
Motion No: 2014-00906
Slip Opinion No: 2014 NY Slip Op 64594(U)
Decided on February 25, 2014
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

M170002

E/sl

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2014-00906

Andrew Kaplan, respondent-appellant,

v Meryl Kaplan, appellant-respondent.

(Index No. 08-4494)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent, inter alia, to stay enforcement of stated portions of an order of the Supreme Court, Rockland County, dated January 2, 2014, pending hearing and determination of an appeal and cross appeal from the order.

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 enforcement of so much of the order as allowed the respondent-appellant to apply credits to reduce his future maintenance payments is stayed pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before March 27, 2014, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 27, 2014, the Court, on its own motion, may vacate the stay, without further notice, or the respondent-appellant may move to vacate the stay, on three days notice.

BALKIN, J.P., SGROI, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court