Appellate Division: Second Judicial Department

M231552

E/sl

JOHN M. LEVENTHAL, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2017-04329 Toni Candea, respondent-appellant, v Robert E. Candea, Jr., appellant-respondent. (Index No. 2310/15)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent, inter alia, to stay enforcement of stated portions of a judgment of the Supreme Court, Orange County, dated March 24, 2017, 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 opposition thereto, it is

ORDERED that the motion is granted to the extent that enforcement of the child support provisions of the judgment are stayed pending hearing and determination of the appeal and cross appeal on condition that the appellant-respondent (1) pay maintenance in the sum of $2,133 per month, child support in the sum of $2,262.30 per month, and the carrying charges of the marital residence until the marital residence is sold, and (2) perfect the appeal on or before June 23, 2017; and it is further,

ORDERED that in the appellant-respondent does not comply with any of the foregoing conditions, 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., BARROS, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court