Appellate Division: Second Judicial Department

M264032

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2019-06042 Kathleen A. Sinnott, respondent-appellant, v Otis Sinnott, appellant-respondent. (Index No. 200403/16)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to stay enforcement of stated portions of a judgment of the Supreme Court, Nassau County, entered April 19, 2019, pending hearing and determination of an appeal and a 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, and enforcement of so much of the judgment as directs the immediate sale of the premises located at 98 La Barbaria Trail, Santa Fe, New Mexico, and directs the appellant-respondent to pay 80% of the cost of the unemancipated child's private school class trips, enrichment activities, and all school-related expenses is stayed pending hearing and determination of the appeal and cross appeal on condition that the appellant-respondent (1) maintain the premises located at 98 La Barbaria Trail, Santa Fe, New Mexico and pay 100% of the carrying costs for that premises, (2) continues to pay 80% of the cost of school books, supplies, and materials, and 80% of the cost of class trips which cost less than $1,000, and (3) perfects the appeal on or before August 1, 2019; and it is further,

ORDERED that in the event the appellant-respondent fails to comply with the foregoing, 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.

MASTRO, J.P., DILLON, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court