Lombardi v Lombardi
Motion No: 2022-08714
Slip Opinion No: 2023 NY Slip Op 60010(U)
Decided on January 4, 2023
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

M286647

AFA/

VALERIE BRATHWAITE NELSON, J.P.

WILLIAM G. FORD

DEBORAH A. DOWLING

HELEN VOUTSINAS, JJ.

2022-08714

Mary Beth Lombardi, respondent,

v Viottorio Lombardi, appellant.

(Index No. 26233/2011)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated September 30, 2022. Motion by the appellant to stay enforcement of so much of the order as directed the appellant pay to the respondent the sum of $3,690 for costs and expenses associated with bringing a certain motion, imposed a $250 fine, directed the appellant to maintain and/or reinstate health insurance coverage for the respondent and their child, and directed the appellant to pay respondent's interim counsel's fees in the sum of $10,000, pending hearing and determination of the appeal.

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 so much of the order as awarded the respondent the sum of $10,000 for interim counsel fees is stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before January 30, 2023; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 30, 2023, 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; and it is further,

ORDERED that the motion is otherwise denied.

BRATHWAITE NELSON, J.P., FORD, DOWLING and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court