Appellate Division: Second Judicial Department

M67318

E/sl

ROBERT A. LIFSON, J.P.

DAVID S. RITTER

DANIEL D. ANGIOLILLO

EDWARD D. CARNI, JJ.

2007-11792, 2007-11793 Gregory J. Tarone, appellant, v Madeline K. Tarone, respondent. (Index No. 1265-02)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Suffolk County, dated October 31, 2007, and December 10, 2007, respectively, inter alia, to clarify the decision and order on motion of this court dated January 16, 2008, "as to the $50,000 Homestead Exemption" being held in escrow by the bankruptcy trustee in a proceeding entitled Matter of Tarone, pending in the United States Bankruptcy Court for the Eastern District of New York, under Case No. 807-70181-CEC, and, in effect, to amend so much of a decision and order on motion of this court dated January 16, 2008, as conditioned a stay of enforcement of the orders dated October 31, 2007, and December 10, 2007, respectively, upon his perfection of the appeal on or before February 15, 2008. Separate motion by the respondent to direct that "all monies payable to the [appellant] from the bankruptcy estate" be deposited with her attorney to be held in escrow, and to direct the appellant to deliver certain personal property to her attorney to be held in escrow. Separate motion by the appellant, inter alia, to direct the bankruptcy trustee to release "$20-25,000 of the Homestead Exemption" to him, and deposit the remainder of the "Homestead Exemption" with someone other than the respondent's attorney to be held in escrow.

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

ORDERED that the branch of the appellant's first motion which is to clarify the decision and order on motion dated January 16, 2008, "as to the $50,000 Homestead Exemption," the branch of the respondent's motion which is to direct that "all monies payable to the [appellant] from the bankruptcy estate" be deposited with her attorney to be held in escrow, and the branch of the appellant's second motion which is to direct the bankruptcy trustee to release "$20-25,000 of the Homestead Exemption" to him, and deposit the remainder of the "Homestead Exemption" with someone other than the respondent's attorney to be held in escrow, are granted to the extent that any portion of the "$50,000 Homestead Exemption" which is released from escrow by the bankruptcy trustee in the proceeding entitled Matter of Tarone, pending in the United States Bankruptcy Court for the Eastern District of New York, under Case No. 807-70181-CEC, shall be deposited into the Supreme Court, Suffolk County, pursuant to CPLR 2601 pending hearing and determination of the appeals, and those branches of the motions are otherwise denied; and it is further,

ORDERED that the branch of the appellant's first motion which is, in effect, to amend so much of the decision and order on motion of this court dated January 16, 2008, as conditioned a stay of enforcement of the orders dated October 31, 2007, and December 10, 2007, respectively, upon his perfection of the appeal on or before February 15, 2008, is granted, and the decision and order on motion of this court dated January 16, 2008, is amended by deleting from the decretal paragraphs thereof the date "February 15, 2008," and substituting therefor the date "April 7, 2008"; and it is further,

ORDERED that the branch of the respondent's motion which is to direct the appellant to deliver certain personal property to counsel for respondent to be held in escrow is granted to the extent that the appellant is enjoined from selling, conveying, or otherwise disposing of the personal property listed in the Notice of Proposed Abandonment dated February 5, 2008, filed in the bankruptcy proceeding pending hearing and determination of the appeals, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the motions are otherwise denied.

LIFSON, J.P., RITTER, ANGIOLILLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court