| Albert v Albert |
| Motion No: 2006-11381 |
| Slip Opinion No: 2007 NYSlipOp 62762(U) |
| Decided on February 8, 2007 |
| 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
M50612
E/mv
A. GAIL PRUDENTI, P.J.
REINALDO E. RIVERA
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN, JJ.
|
2006-11381 Mark Albert, respondent, v Allison Albert, appellant. (Index No. 204156/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the Supreme Court, Nassau County, entered August 25, 2006, to vacate so much of a decision and order on motion of this court dated December 20, 2006, as stayed distribution of the net proceeds of the sale of the subject premises, pending hearing and determination of the appeal, on condition that the appeal was perfected on or before January 19, 2007.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted, and the stay granted by the decision and order on motion of this court dated December 20, 2006, is vacated; and it is further,
ORDERED that the attorney for the respondent, E. Judson Cender, Esq., is directed to release the net proceeds being held in his escrow account.
PRUDENTI, P.J., RIVERA, KRAUSMAN and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court