Appellate Division: Second Judicial Department

M178231

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

BETSY BARROS, JJ.

2014-06547, 2014-06548 Laura Maddaloni, respondent-appellant, v Luigi "Lou" Maddaloni, appellant-respondent. (Index No. 8359/11)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to stay enforcement of an order of the Supreme Court, Suffolk County, dated May 20, 2014, including all proceedings to sentence him for contempt, and to stay enforcement of a judgment of the same court entered May 19, 2014, pending hearing and determination of appeals from the order and the judgment and a cross appeal from the judgment.

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 the order, including all proceedings to sentence the appellant-respondent for contempt, and enforcement of so much of the judgment as awarded the respondent-appellant equitable distribution of the increased value of the appellant-respondent's separate property are stayed pending hearing and determination of the appeals and cross appeal on condition that the appellant-respondent perfect the appeals on or before October 14, 2014, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 14, 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; and it is further,

ORDERED that the sum of $35,000 held in escrow by the respondent-appellant's counsel and deposited by the appellant-respondent pursuant to the order to show cause of this Court dated July 23, 2014, shall remain in escrow pending hearing and determination of the appeals and cross appeal.

RIVERA, J.P., BALKIN, LOTT and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court