Appellate Division: Second Judicial Department

M289487

AFA/

BETSY BARROS, J.P.

PAUL WOOTEN

WILLIAM G. FORD

BARRY E. WARHIT, JJ.

2023-00306 Nehal Hamed Naser, respondent, v Ahmed Mohamed Naser, appellant. (Index No. 53764/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated November 22, 2022. Motion by the appellant to stay enforcement of the order, 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 enforcement of so much of the order as found the appellant in contempt and directed his commitment in a New York City Correctional Facility for a period of 30 days is stayed, pending hearing and determination of the appeal, on condition that the appellant pay the sum of $230 to the respondent each month, on or before the first day of each month, and on condition that the appeal is perfected on or before July 12, 2023, and the motion is otherwise denied; and it is further,

ORDERED that in the event that the appellant fails to pay the sum of $230 to the respondent each month, on or before the first day of each month, or the appeal is not perfected on or before July 12, 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.

BARROS, J.P., WOOTEN, FORD and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court