| Tutt v Tutt |
| Motion No: 2008-03175 |
| Slip Opinion No: 2008 NYSlipOp 71466(U) |
| Decided on May 8, 2008 |
| 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. |
Appellate Division: Second Judicial Department
M70054
E/sl
FRED T. SANTUCCI, J.P.
JOSEPH COVELLO
ARIEL E. BELEN
CHERYL E. CHAMBERS, JJ.
|
2008-03175 Charles Tutt, appellant, v Joan Tutt, respondent. (Index No. 29290-05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated February 29, 2008.
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 all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 7, 2008; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 7, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that pending hearing and determination of the appeal, the appellant is enjoined from proceeding with a divorce action he commenced in the State of Florida.
SANTUCCI, J.P., COVELLO, BELEN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court