In a Decision – Piccione v. Piccione, (an "Unreported Decision") >> the Court Held:
The Appellate Division affirmed the Trial Court determination providing enforcement of its Order pending appeal.
While the appeal was pending, plaintiff moved for aid in relief of litigant's rights, requesting an order directing defendant to pay alimony arrears and plaintiff's attorneys' fees. Defendant opposed, arguing an appeal of the order was pending, but plaintiff noted defendant never sought a stay pending the appeal. The judge granted plaintiff's motion and denied defendant's motion for a stay, finding defendant had not shown a likelihood of success on appeal or that a stay was needed to avoid irreparable harm
The Appellate Division determined that Husband’s arguments were without merit and not warranting a written opinion. Defendant did not move for a stay of the order and the lower court retained jurisdiction.