Appellate Division: Second Judicial Department

M214712

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2016-05986 Michael Palmeri, appellant, v Cindy Palmeri, respondent. (Index No. 28520/09)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Westchester County, dated May 19, 2016, as awarded a money judgment to the respondent in the sum of $3,890,000, 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 stay enforcement of so much of an order of the Supreme Court, Westchester County, dated May 19, 2016, as awarded a money judgment to the respondent in the sum of $3,890,000 is granted, and enforcement of so much of the order dated May 19, 2016, as awarded a money judgment to the respondent in the sum of $3,890,000 is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 11, 2016; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 11, 2016, 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 branch of the motion which is for a preference in the calendaring of the appeal is denied.

DILLON, J.P., HINDS-RADIX, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court