| Le v Le |
| Motion No: 2009-03257 |
| Slip Opinion No: 2009 NY Slip Op 81285(U) |
| Decided on August 25, 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
M91223
E/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2009-03257 Stephanie Le, respondent, v Kevin Le, respondent-appellant; Lynn J. Brustein-Kampel, et al., nonparty- appellants-respondents. (Appeal No. 1) Stephanie Le, respondent, v Kevin Le, appellant. (Appeal No. 2) (Index No. 07-2369)
| DECISION & ORDER ON MOTION |
Motion by Stephanie Le on an appeal and cross appeal from a judgment of the Supreme Court, IDV Part, Rockland County, entered February 25, 2009, to resettle or clarify a decision and order on motion of this court dated August 18, 2009, which granted a motion by Lynn J. Brustein-Kampel and Abel & Brustein-Kampel, P.C., to the extent that the distribution of the sum of $50,000 from the net proceeds of the sale of the marital residence was stayed, pending hearing and determination of the appeal and cross appeal. Cross motion by Lynn J. Brustein-Kampel and Abel & Brustein-Kampel, P.C., to direct that the distribution of the sum of $32,640 from the net proceeds of the sale of the marital residence owing to Stephanie Le and the sum of $32,640 from the net proceeds of the sale of the marital residence owing to Kevin Le be stayed, pending hearing and determination of the appeal and cross appeal.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the decision and order on motion of this court dated August 18, 2009, is amended by deleting therefrom the words "distribution of the sum of $50,000 from the net proceeds of the sale of the marital residence is stayed" and substituting therefor the words "the distribution of the sum of $25,000 from the net proceeds of the sale of the marital residence owing to Stephanie Le and the sum of $25,000 from the net proceeds of the sale of the marital residence owing to Kevin Le is stayed" and the motion is otherwise denied; and it is further,
ORDERED that the cross motion is denied.
FLORIO, J.P., MILLER, LEVENTHAL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court