Appellate Division: Second Judicial Department

M182358

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2014-07028 Joyce Kaufman, respondent, v Michael Kaufman, appellant. (Index No. 200325/12)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, dated June 30, 2014, or to enjoin the respondent or her agents from enforcing the order, pending hearing and determination of an appeal therefrom. Cross motion by the respondent to direct the Nassau County Clerk to release a certain undertaking posted by the appellant, or, in the alternative, to vacate any automatic stay in effect pursuant to CPLR 5519(a)(2) and to impose a sanction upon the appellant.

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

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

ORDERED that the branch of the cross motion which is to vacate any automatic stay in effect pursuant to CPLR 5519(a)(2) is denied on condition that the appeal is perfected on or before December 5, 2014; and it is further,

ORDERED that if the appeal is not perfected by December 5, 2014, the Court, on its own motion, may vacate the automatic stay, without further notice, or the respondent may move to vacate the automatic stay, on three days notice; and it is further,

ORDERED that the cross motion is otherwise denied.

SKELOS, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court