| Allain v Allain |
| Motion No: 2005-10515 |
| Slip Opinion No: 2006 NYSlipOp 60830(U) |
| Decided on January 19, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M35050
S/nal
DAVID S. RITTER, J.P.
REINALDO E. RIVERA
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-10515 Olivier Allain, respondent, v Christina Allain, appellant. (Index No. 30779/02)
| DECISION & ORDER ON APPLICATION |
Application by the parties to vacate so much of a decision and order on motion in the above-entitled case dated November 23, 2005, as stayed that provision of a judgment of the Supreme Court, Suffolk County, entered November 10, 2005, as directed the sale of the marital residence, pending hearing and determination of the appeal from the judgment.
Upon the papers filed in support of the application and upon the stipulation of the parties, it is
ORDERED that the application is granted, and so much of the decision and order on motion dated November 23, 2005, as stayed that provision of the judgment as directed the sale of the marital residence, pending hearing and determination of the appeal, is vacated forthwith.
RITTER, J.P., RIVERA, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court