Matter of Freeborn v Elco
Motion No: 2019-11228
Slip Opinion No: 2020 NY Slip Op 60385(U)
Decided on January 9, 2020
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

M268786

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2019-11228

In the Matter of Richard Freeborn, respondent,

v Melissa Elco, appellant.

(Docket Nos. V-1395-11/18E, V-879-11/18E & F)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Suffolk County, dated August 29, 2019, pending hearing and determination of an appeal therefrom.

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 enforcement of so much of the order as conditioned a stay of enforcement of the order of commitment upon payment of $3,500 to the respondent is stayed on condition that the appellant perfect the appeal on or before February 10, 2020, and pay $1,200 to the respondent's attorney, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appellant does not comply with the foregoing conditions, 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., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court