| Midy v Midy |
| Motion No: 2006-07162 |
| Slip Opinion No: 2006 NYSlipOp 75797(U) |
| Decided on September 8, 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
M44164
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
JOSEPH COVELLO, JJ.
|
2006-07162 Marianne Midy, appellant, v Emmanuel Midy, respondent.
(Index No. 200894/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Nassau County, entered July 6, 2006, 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 to the extent that so much of the judgment entered July 6, 2006, as directed the distribution of the enhanced earning capacity of the appellant's master's degree and the real property located in Coral Springs, Florida, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 8, 2006, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 8, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
FLORIO, J.P., KRAUSMAN, LUCIANO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court