Opinion
Motion Nos. 2023-00255 2023-00482 Index No. 310534/19 Case No. 2023-00243
02-21-2023
Scott F.,Plaintiff-Appellant, v. Lacey F., Defendant-Respondent.
Unpublished Opinion
MOTION DECISION
Present - Hon. Troy K. Webber, Justice Presiding, Anil C. Singh Lizbeth González John R. Higgitt, Justices.
Confidential
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about December 22, 2022, directing plaintiff-appellant, inter alia, to forward to defendant-respondent certain childcare payments, and to defendant-respondent's counsel certain legal fees, within 30 days of service of notice of entry thereof, And plaintiff-appellant having moved for an order, pursuant to CPLR 5519(c), staying, pending the hearing and determination of the appeal, those portions of the aforesaid order directing plaintiff-appellant to forward such childcare and legal fee payments, and, pursuant to CPLR 5518, enjoining defendant-respondent, pending hearing and determination of the appeal, from relying on timesheets of defendant-respondent's purported employer in seeking to enforce plaintiff-appellant's prospective obligation to pay childcare expenses (Motion No. 2023-00255), And an order of a Justice of this Court having been entered on January 19, 2023, granting plaintiff-appellant's application for interim relief to the extent of staying his obligation to make the payments directed in the December 22, 2022 order, on the condition that he obtain a bond on or before January 30, 2023 and advise defendant-respondent's counsel that he has done so, And defendant-respondent having cross moved, inter alia, for legal fees and court costs in connection with the instant motion and plaintiff-appellant's appeal (Motion No. 2023-00482), 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 plaintiff-appellant's motion is granted to the extent that (1) enforcement of his obligation to make the childcare and legal fee payments directed by the December 22, 2022 order is stayed, pending hearing and determination of the appeal, on the condition that plaintiff-appellant maintain the appeal bond required by the aforesaid interim order of a Justice of this Court, and (2) defendant-respondent is enjoined, pending hearing and determination of the appeal, from relying on timesheets of defendant-respondent's purported employer in seeking to enforce plaintiff-appellant's prospective obligation to pay childcare expenses (Motion No. 2023-00255), and
It is further ordered that defendant-respondent's cross motion is denied (Motion No. 2023-00482).