Matter of Merritt v Merritt
Motion No: 2019-10121
Slip Opinion No: 2019 NY Slip Op 84073(U)
Decided on November 14, 2019
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M267433

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2019-10121

In the Matter of Mark R. Merritt, appellant,

v Giovanna Merritt, respondent.

(Docket Nos. F-10750-14/16F, F-10750-14/15C,

F-10750-14/16G)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Westchester County, dated July 3, 2019, inter alia, to stay all proceedings in a matter entitled Matter of Merrit v Merrit, pending under Westchester County Family Court Docket No. F-10750-14/19L, to stay enforcement of an order of the same court dated April 15, 2019, and to stay enforcement and collection actions by the Westchester County Child Support Collections Unit concerning the order dated April 15, 2019, except for the receipt, processing, and disbursement of payments to the respondent as received from the appellant, pending hearing and determination the appeal from the order dated July 3, 2019.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted to the extent that all proceedings in the matter entitled Matter of Merrit v Merrit pending under Westchester County Family Court Docket No. F-10750-14/19L, enforcement of the order dated April 15, 2019, and enforcement and collection actions by the Westchester County Child Support Collections Unit concerning the order dated April 15, 2019, except for the receipt, processing, and disbursement of payments to the respondent as received from the appellant, are stayed pending hearing and determination of the appeal from the order dated July 3, 2019, on condition that the appellant (1) pay child support in the sum of $1784 per month and (2) perfect the appeal from the order dated July 3, 2019, on or before December 27, 2019, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appellant does not comply with the foregoing, 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.

DILLON, J.P., CHAMBERS, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court