Opinion
Motion Nos. 2023-00250 2023-00336 Index No. 306831/14 Case No. 2022-05384
02-21-2023
Maria Del Pilar Nava Prada, Plaintiff-Appellant, v. Adam Herron, Defendant-Respondent.
Unpublished opinion
MOTION DECISION
PRESENT: HON. ROLANDO T. ACOSTA, PRESIDING JUSTICE, CYNTHIA S. KERN ELLEN GESMER SALIANN SCARPULLA JULIO RODRIGUEZ III, JUSTICES.
CONFIDENTIAL
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about July 25, 2022, And plaintiff-appellant having moved for an order (1) pending the hearing and determination of the aforesaid appeal, staying that branch of the aforesaid order which held that defendant-respondent established a prima facie case for contempt with respect to plaintiff's moving the children to New Jersey, and which further provided that the court would address the remedy for the contempt at the next conference; (2) confirming that, pursuant to CPLR 5519(b), that portion of the aforesaid order requiring plaintiff to pay defendant $25,000 for counsel fees is subject to an automatic stay pending the hearing and determination of the aforesaid appeal or, in the alternative, staying enforcement of the provision requiring payment of said counsel fees pursuant to CPLR 5519(c), and (c) for a calendar preference (M-2023-00250), And defendant-respondent, pro se, having cross moved for sanctions against plaintiff-appellant and/or her counsel based on false statements allegedly made in the papers supporting the motion for a stay (M-2023-00336), Now, upon reading and filing the papers with respect to the motion and cross-motion, and due deliberation having been had thereon, It is ordered that the motion and the cross motion are denied.