Appellate Division: Second Judicial Department

M179517

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2014-07797, 2014-07798 Deborah Barton, respondent, v Lawrence Barton, appellant. (Index No. 09-11444)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of two orders of the Supreme Court, Westchester County, entered July 16, 2014, and July 22, 2014, respectively, pending hearing and determination of appeals therefrom, and for a preference in the calendaring of the appeals.

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 entered July 22, 2014, as allows the respondent, upon the appellant's failure to purge his contempt, to make an application for the appellant's incarceration, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before October 9, 2014, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeals are not perfected on or before October 9, 2014, 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.

BALKIN, J.P., LEVENTHAL, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court