Appellate Division: Second Judicial Department

M56459

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

WILLIAM E. McCARTHY, JJ.

2007-05474 Courtney Groesbeck, respondent-appellant, v Thomas Groesbeck, appellant-respondent. (Index No. 04-6855)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to stay the sale of the marital residence or, in the alternative, inter alia, to direct that the net proceeds of the sale of the marital residence be deposited in escrow with his attorney, pending hearing and determination of an appeal and cross appeal from a judgment of the Supreme Court, Rockland County, entered June 1, 2007.

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 the respondent-appellant shall deposit one-quarter of the net proceeds of the sale of the marital residence in escrow with her attorney pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before August 27, 2007, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 27, 2007, the court, on its own motion, may vacate the stay, or the respondent-appellant may move to vacate the stay, on three days notice.

MASTRO, J.P., RIVERA, SPOLZINO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court