Appellate Division: Second Judicial Department

M53459

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2006-07679 Seth Moldofsky, appellant, v Socorro Moldofsky, respondent. (Index No. 42318/03)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay enforcement of stated portions of a judgment of the Supreme Court, Kings County, dated June 1, 2006, pending hearing and determination of an appeal therefrom. Cross motion by the respondent to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and enforcement of the seventh, eighth, ninth, tenth, eleventh, twelfth, and fourteenth decretal paragraphs of the judgment are stayed and the respondent is enjoined from withdrawing any money from the Washington Mutual Account that is in the appellant's name or withdrawing any money constituting the cash value of the appellant's life insurance policy, pending hearing and determination of the appeal; and it is further,

ORDERED that the cross motion is granted, the respondent's time to serve and file a brief is enlarged until May 21, 2007, and the respondent's brief must be served and filed on or before that date.

MILLER, J.P., RITTER, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court