Freihofner v Freihofner
Motion No: 2006-06121
Slip Opinion No: 2006 NYSlipOp 72044(U)
Decided on July 14, 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

M42074

T/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

JOSEPH COVELLO, JJ.

2006-06121

Lisa Freihofner, respondent, v

Gregory Freihofner, appellant.

(Index No. 01-5173)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a supplemental judgment of the Supreme Court, Westchester County, dated June 2, 2006, to stay so much of the supplemental judgment as directed the defendant to pay a distributive award in the sum of $517,070 pending hearing and determination of the appeal.

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 so much of the supplemental judgment dated June 2, 2006, as directed the defendant to pay a distributive award in the sum of $517,070 is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 14, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 14, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

SCHMIDT, J.P., ADAMS, MASTRO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court