Munsterman v Munsterman
Motion No: 2023-00409
Slip Opinion No: 2023 NY Slip Op 79252(U)
Decided on December 22, 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

M293176

AFA/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

LARA J. GENOVESI

HELEN VOUTSINAS, JJ.

2023-00409, 2023-04653

Walter Munsterman, respondent,

v Danielle Munsterman, appellant.

(Index No. 203303/2016)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Nassau County, dated November 29, 2022, and a judgment of the same court dated March 10, 2023, respectively. Motion by the appellant to stay enforcement of so much of the order as directs the appellant to pay $60,000 in attorney's fees to the respondent and directs the appellant to pay the respondent $1,368.52 per month in child support, pending hearing and determination of the appeals. Motion by the respondent to extend the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to stay enforcement of so much of the order as directs the appellant to pay $60,000 in attorney's fees to the respondent is granted, and so much of the order as directs the appellant to pay $60,000 in attorney's fee is stayed, pending hearing and determination of the appeals; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of so much of the order as directs the appellant to pay the respondent $1,368.52 per month in child support is granted, and so much of the order as directs the appellant to pay the respondent $1,368.52 per month in child support is stayed, pending hearing and determination of the appeals, on the condition that the appellant pay child support in the sum of $683 per month; and it is further,

ORDERED that the motion to extend the time to serve and file a respondent's brief is granted, and on or before January 22, 2024, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that no further extension of time shall be granted.

DUFFY, J.P., WOOTEN, GENOVESI and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court