Matter of Smith v Munoz
Motion No: 2024-03313
Slip Opinion No: 2024 NY Slip Op 74852(U)
Decided on September 20, 2024
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

M299398

ID/

VALERIE BRATHWAITE NELSON, J.P.

HELEN VOUTSINAS

CARL J. LANDICINO

JAMES P. MCCORMACK, JJ.

2024-03313

In the Matter of Brenna Marie Smith,

respondent, v David Munoz, appellant.

(Docket No. F-2874-2018/2022C)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Kings County, dated March 19, 2024. Motion by the appellant to stay enforcement of the order and a money judgment of the same court dated August 3, 2023, and to stay all proceedings in the above-entitled proceeding, 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 the money judgment dated August 3, 2023, is stayed, pending hearing and determination of the appeal, on condition that the appellant pay a purge amount of $200,000 on or before October 21, 2024, and remain current on his present child support obligations, 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.

BRATHWAITE NELSON, J.P., VOUTSINAS, LANDICINO and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court