| Matter of Mandelowitz v Bodden |
| Motion No: 2009-01739 |
| Slip Opinion No: 2009 NY Slip Op 70283(U) |
| Decided on April 22, 2009 |
| 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
M85609
E/cb
STEVEN W. FISHER, J.P.
JOSEPH COVELLO
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL, JJ.
|
2009-01739 In the Matter of David Mandelowitz, respondent, v Adella Bodden, appellant. (Docket No. F-07216-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated January 6, 2009, inter alia, to stay enforcement of that order as well as an order of the same court dated May 23, 2008, to the extent that those orders vacate any prior money judgments for arrears, to stay the respondent from transferring or encumbering certain real property without placing certain sums in escrow, and to stay the respondent from disposing of the proceeds from the sale or mortgage of the real property, except payments attendant to, among other things, mortgage payments, property taxes, and insurance, 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 to the extent that the respondent is stayed from (1) enforcing the orders to the extent that those orders vacate any prior money judgments for arrears, (2) transferring or encumbering the real property located at 1101 Chestnut Oak Drive, Tannersville, PA, without placing the sum of $29,178, plus statutory interest, representing the balance of the outstanding money judgments, in escrow to be held by the appellant's counsel, or (3) disposing of the proceeds from the sale or mortgage of the subject real property, except payments attendant to maintenance of the subject real property, such as, among other things, mortgage payments, property taxes, and insurance, pending hearing and determination of the appeal from the order dated January 6, 2009, on condition that the appeal is perfected on or before June 8, 2009, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before June 8, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
FISHER, J.P., COVELLO, ANGIOLILLO and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court