Appellate Division: Second Judicial Department

M192153

E/mv

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

SHERI S. ROMAN

HECTOR D. LASALLE, JJ.

2015-03409 Lisa Thimm, respondent, v Karl Thimm, Jr., appellant. (Index No. 341/12)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Putnam County, dated April 7, 2015, pending hearing and determination of an appeal from the order, and for a preference in the calendaring of the appeal.

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

ORDERED that the branch of the motion which is to stay enforcement of the order dated April 7, 2015, is granted to the extent that enforcement of so much of the order dated April 7, 2015, as directed the appellant to surrender and serve a sentence of incarceration is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 11, 2015; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 11, 2015, 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; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., SKELOS, ROMAN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court