Sayegh v Sayegh
Motion No: 2004-07251 +1
Slip Opinion No: 2006 NYSlipOp 69011(U)
Decided on May 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M39878

E/sl

THOMAS A. ADAMS, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2004-07251, 2005-03422

Teri Sayegh, appellant,

v Isaac Sayegh, respondent.

(Index No. 34917/89)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Kings County, dated June 16, 2004, and October 13, 2004, respectively, in effect, to amend a decision and order on motion of this court dated January 12, 2006, as amended March 16, 2006, to enlarge her time to comply with the decision and order on motion of this court dated January 12, 2006, as amended March 16, 2006, and for leave to use the sum of $7,000 being held in her attorney's escrow account to pay her attorney's fees.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is, in effect, to amend the decision and order on motion of this court dated January 12, 2006, as amended March 16, 2006, to enlarge her time to comply with the decision and order on motion of this court dated January 12, 2006, as amended March 16, 2006, is granted, and the decision and order on motion dated January 12, 2006, as amended March 16, 2006, is amended by deleting therefrom the dates May 1, 2006, and June 1, 2006, and substituting therefor the dates August 3, 2006, and September 5, 2006, respectively; and it is further,

ORDERED that the branch of the motion which is for leave to use the sum of $7,000 being held in her attorney's escrow account to pay her attorney's fees is granted, and the appellant's attorney may disburse the sum of $7,000 awarded to the appellant by the order dated June 16, 2004, which sum is being held in his escrow account, to pay the appellant's attorney's fees without prejudice to raising the issue of the inadequacy of the award on appeal; and it is further,

ORDERED that the motion is otherwise denied.

ADAMS, J.P., SKELOS, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court