| Obermueller v Obermueller |
| Motion No: 2006-00498 |
| Slip Opinion No: 2006 NYSlipOp 62594(U) |
| Decided on February 2, 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
M35568
C/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2006-00498 Baerbel Obermueller, respondent, v Reinhard Obermueller, appellant. (Index No. 9923/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay the enforcement of an order of the Supreme Court, Suffolk County, dated December 21, 2005, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and enforcement of the order dated December 21, 2005, is stayed pending hearing and determination of the appeal on condition that (1) the appeal is perfected on or before March 3, 2006, and (2) the appellant does not withdraw any funds from the accounts that are in his name at Hauck & Aufhauser in Germany; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 3, 2006, or the appellant withdraw funds from the accounts that are in his name at Hauck & Aufhauser, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
ADAMS, J.P., SANTUCCI, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court