| Spencer v Spencer |
| Motion No: 2016-12961 |
| Slip Opinion No: 2017 NY Slip Op 62745(U) |
| Decided on February 2, 2017 |
| 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. |
Appellate Division: Second Judicial Department
M225655
E/sl
LEONARD B. AUSTIN, J.P.
ROBERT J. MILLER
HECTOR D. LASALLE
FRANCESCA E. CONNOLLY, JJ.
|
2016-12961 Sharon Marie Spencer, respondent, v Dwayne Spencer, appellant. (Index No. 50663/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Richmond County, dated November 18, 2016, as directed his incarceration, in the event that he fails to purge his contempt by paying the sum of $150,000, pending hearing and determination of an 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, and enforcement of so much of the order dated November 18, 2016, as directed the appellant's incarceration, in the event that he fails to purge his contempt by paying the sum of $150,000, is stayed on condition that the appeal is perfected on or before March 6, 2017; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 6, 2017, 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.
AUSTIN, J.P., MILLER, LASALLE and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court