Appellate Division: Second Judicial Department

M300139

KS/

ROBERT J. MILLER, J.P.

LINDA CHRISTOPHER

HELEN VOUTSINAS

LOURDES M. VENTURA, JJ.

2024-09258 Vivian Lambert, respondent, v Richard Lambert, appellant. (Index No. 800436/2024)

DECISION & ORDER ON MOTION

Appeal from an order to show cause of the Supreme Court, Nassau County, dated September 9, 2024. Motion by the appellant for leave to appeal to this Court from the order to show cause and to stay enforcement of a temporary restraining order contained in the order to show cause granting the respondent exclusive use and occupancy of the marital residence and directing the appellant to vacate the marital residence by a date certain, pending hearing and determination of the appeal.

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 branch of the motion which is for leave to appeal to this Court from the order to show cause is granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the temporary restraining order contained in the order to show cause is granted, and enforcement of the temporary restraining order contained in the order to show cause granting the respondent exclusive use and occupancy of the marital residence and directing the appellant to vacate the marital residence by a date certain is stayed pending hearing and determination of the appeal or determination of the motion initiated by the order to show cause by the Supreme Court, Nassau County, whichever occurs first, except that appellant shall vacate the bedroom he currently occupies in the marital residence within 24 hours of his counsel receiving notice from the respondent's counsel that the respondent is being discharged from in-patient care and has arranged for a live-in home healthcare aid.

MILLER, J.P., CHRISTOPHER, VOUTSINAS and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court