Colacino v Colacino
Motion No: 2015-09988
Slip Opinion No: 2015 NY Slip Op 89200(U)
Decided on October 29, 2015
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M200889

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2015-09988

Margaret Ann Colacino, respondent,

v Robert Colacino, appellant.

(Index No. 104000/11)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Richmond County, dated October 14, 2015, inter alia, to stay enforcement of a judgment of the same court dated July 23, 2012, pending hearing and determination of the appeal from the order.

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 judgment dated July 23, 2012, is stayed pending hearing and determination of the appeal from the order dated October 14, 2015, on condition that the appeal is perfected on or before November 30, 2015, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 30, 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.

BALKIN, J.P., HALL, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court