Appellate Division: Second Judicial Department

M229044

E/sl

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2017-02156 John Gorman, respondent-appellant, v Karen Gorman, appellant-respondent. (Index No. 7849/11)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to stay enforcement of so much of a judgment of the Supreme Court, Orange County, dated December 14, 2016, as directed the sale of the former marital residence and as incorporated a provision of a decision of the same court dated April 5, 2016, directing that the respondent-appellant's obligation to pay maintenance shall terminate upon his remarriage, pending hearing and determination of an appeal and cross appeal from the judgment.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, and pending hearing and determination of the appeal and cross appeal enforcement of so much of the judgment as directed the sale of the former marital residence at 211 Bruyn Avenue, Pine Bush, New York, and as incorporated a provision of the decision dated April 5, 2016, directing that the respondent-appellant's obligation to pay maintenance shall terminate upon his remarriage, is stayed, on condition that the appeal is perfected on or before June 14, 2017; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 14, 2017, the Court, on its own motion, may vacate the stay, without further notice, or the respondent-appellant may move to vacate the stay, on three days notice.

LEVENTHAL, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court