Opinion
July 6, 1967
Motion for a stay granted on condition that the defendant-appellant shall have paid to the plaintiff, at the office of her attorney, the sum of $500 on or before May 26, 1967, and that he continue to pay the sum of $40 per week as and for the support of the infant children of the parties without prejudice to the rights of either party as to sum eventually determined necessary for the support of the infants herein, and on the further condition that the appellant perfects the appeal for the September 1967 Term of this court. In the event of defendant's failure to do so, plaintiff may move ex parte for an order vacating the stay on condition that a copy of the order is served on counsel for the defendant within 10 days after the date of entry thereof.
Concur — Stevens, J.P., Eager, Steuer, Capozzoli and McGivern, JJ.