| McNeil v Mohammed |
| Motion No: 2006-00221 |
| Slip Opinion No: 2006 NYSlipOp 62656(U) |
| Decided on February 3, 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
M35562
A/sl
DAVID S. RITTER, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2006-00221 Christine McNeil, appellant, v Patsy Mohammed, respondent.
(Index No. 29354/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to enjoin the respondent from withdrawing or transferring or otherwise disposing of the proceeds from the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated December 7, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted to the extent that any proceeds from the sale of the subject premises that are payable to the defendant shall be held in escrow by the defendant's attorney, on condition that the appeal is perfected on or before March 6, 2006, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 6, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
RITTER, J.P., LUCIANO, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court