| Gargiulo v Gargiulo |
| Motion No: 2017-06823 |
| Slip Opinion No: 2017 NY Slip Op 86879(U) |
| Decided on September 25, 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
M238170
E/afa
RUTH C. BALKIN, J.P.
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY, JJ.
|
2017-06823 Marie E. Gargiulo, appellant, v Joseph P. Gargiulo, respondent. (Index No. 5300/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of so much of a judgment of the Supreme Court, Suffolk County, entered June 19, 2017, as awarded the respondent a credit for certain temporary maintenance payments, pending hearing and determination of an 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 so much of the judgment as allowed the respondent a net credit of indirect temporary maintenance payments of $6,201 against his maintenance obligation is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 25, 2017; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 25, 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.
BALKIN, J.P., HINDS-RADIX, DUFFY and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court