Opinion
November 9, 1961
Motion by respondent wife to stay the appellant husband's prosecution of his appeal from an order awarding her temporary alimony, counsel fee and custody of the child, pending the determination of her motion at Special Term for the allowance of a counsel fee and expenses to oppose the appeal, and pending his payment of any sum which the Special Term may direct him to pay to her. Motion granted to the extent of staying the prosecution of the appeal until the determination of respondent's pending motion at Special Term, with leave to respondent, if she be so advised, to move for a further stay in the event that such determination shall be in her favor and that appellant shall have failed to comply with it. Nolan, P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.