Kilkenny v Kilkenny
Motion No: 2007-03975
Slip Opinion No: 2007 NYSlipOp 70304(U)
Decided on May 29, 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

M55106

E/sl

ANITA R. FLORIO, J.P.

STEVEN W. FISHER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-03975

Patricia Kilkenny, appellant,

v John Kilkenny, respondent.

(Index No. 201132/05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Nassau County, entered April 3, 2007, to stay enforcement of so much of the judgment as directed the sale of the marital residence, pending hearing and determination of the appeal.

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

ORDERED that the motion is granted and enforcement of so much of the judgment as directed the sale of the marital residence is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 30, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 30, 2007, 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., FISHER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court