Appellate Division: Second Judicial Department

M48488

E/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

ROBERT J. LUNN, JJ.

2006-11381 Mark Albert, respondent, v Allison Albert, appellant. (Index No. 204156/00)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the sale of the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered August 25, 2006.

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 distribution of the net proceeds of the sale of the subject premises, except for the sum of $130,000 payable to the appellant's father, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 19, 2007, and the motion is otherwise denied; and it is further,

ORDERED that pending hearing and determination of the appeal the net proceeds shall be held in an interest-bearing escrow account maintained by the attorney for the respondent, E. Judson Cender, Esq.; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 19, 2007, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

KRAUSMAN, J.P., GOLDSTEIN, RIVERA and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court