PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.

DOCKET NO. CA 15-01022

DEBORAH DRAKE, PLAINTIFF-APPELLANT-RESPONDENT, V RICHARD MUNDRICK, DEFENDANT-RESPONDENT-APPELLANT.

Defendant having moved, upon the return of an order to show cause granted by the Honorable Stephen K. Lindley on June 12, 2015, for a stay of all proceedings to enforce an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 27, 2015, and a corrected Qualified Domestic Relations Order entered May 29, 2015, pending the hearing and determination of the appeals taken herein, and plaintiff having cross-moved to dismiss the cross appeal of defendant as untimely taken,

Now, upon reading and filing the affirmations of Stuart L. Levison, Esq., dated June 9, 2015, and June 19, 2015, the affidavit of Richard T. Mundrick sworn to June 5, 2015, said show cause order with proof of service thereof, the affirmation of Maureen A. Pineau, Esq., dated June 9, 2015, and the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that defendant's motion is granted, and all proceedings to enforce the order and judgment entered April 27, 2015, and the corrected Qualified Domestic Relations order entered May 29, 2015, are hereby stayed pending the hearing and determindation of the appeal taken herein, on the condition that defendant perfect his appeal on or before July 31, 2015, and

It is further ORDERED that plaintiff's cross motion is denied.

Entered: June 23, 2015

Frances E. Cafarell, Clerk