McIntosh v McIntosh
Motion No: 2007-03054
Slip Opinion No: 2007 NYSlipOp 67322(U)
Decided on April 12, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M53251

E/sl

GABRIEL M. KRAUSMAN, J.P.

STEVEN W. FISHER

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2007-03054

Lilleth McIntosh, appellant,

v Winston McIntosh, respondent.

(Index No. 27649/00)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Queens County, dated March 9, 2007, 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 pending hearing and determination of the appeal the respondent's attorneys, Goldberg, Scudieri, Lindenberg & Block, P.C., shall retain the sum of $25,000 in escrow on condition that the appeal is perfected on or before May 14, 2007, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 14, 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., FISHER, LIFSON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court