Appellate Division: Second Judicial Department

M55336

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, inter alia, for leave to reargue her motion to stay enforcement of a judgment of the Supreme Court, Queens County, dated March 9, 2007, pending hearing and determination of an appeal therefrom, which was determined by decision and order on motion of this court dated April 12, 2007, and for leave to prosecute the appeal on the original papers. Cross motion by the respondent to dismiss the appeal, to impose a sanction upon the appellant, in effect, to recall and vacate the decision and order on motion of this court dated April 12, 2007, which directed that the respondent's attorneys, Goldberg, Scudieri, Lindenberg & Block, P.C., retain the sum of $25,000 in escrow, pending hearing and determination of the appeal. Separate cross motion by the respondent, in effect, for the same relief.

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

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied as academic as the appeal has been perfected; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motions are denied.

KRAUSMAN, J.P., FISHER, LIFSON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court