Appellate Division: Second Judicial Department

M227343

E/sl

RANDALL T. ENG, P.J.

L. PRISCILLA HALL

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2017-00453 Lema Baha, respondent-appellant, v Khalid Noori, appellant-respondent. (Index No. 203600/14)

DECISION & ORDER ON MOTION

Motion by Khalid Noori on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated December 5, 2016, for leave to appeal to this Court from the order and to stay enforcement of so much of the order as directs him to pay maintenance in the sum of $2,000 per month and as directs him to pay retroactive maintenance arrears, pending hearing and determination 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 so much of the order as directs Khalid Noori to pay maintenance in the sum of $2,000 per month is denied; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of so much of the order as directs Khalid Noori to pay retroactive maintenance arrears is granted, and enforcement of that portion of the order is stayed pending hearing and determination of the appeal and cross appeal on condition that Khalid Noori perfects his appeal on or before April 6, 2017; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 6, 2017, the Court, on its own motion, may vacate the stay, without further notice, or Lema Baha may move to vacate the stay, on three days notice.

ENG, P.J., HALL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court