Appellate Division: Second Judicial Department

M92533

E/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

CHERYL E. CHAMBERS

SHERI S. ROMAN, JJ.

2009-08295 Ellen H. Dermigny, appellant, v Nicholas P. Dermigny, respondent. (Index No. 13078/99)

DECISION & ORDER ON MOTION

Motion by the appellant to stay Joseph C. Angelo, Esq., from transferring or disbursing to the respondent or his agents the sum of $38,331.84, which is being held in escrow as the proceeds from the sale of the marital residence, or, in the event that the proceeds have been disbursed, to stay the respondent from transferring or disposing of the sum of $38,331.84 and to direct that the sum of $38,331.84 be held in escrow, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated August 13, 2009.

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 Joseph C. Angelo, Esq., is stayed from transferring or disbursing to the respondent or his agents the sum of $38,331.84, which is being held in escrow as the proceeds from the sale of the marital residence, pending hearing and determination of the appeal and, in the event that the proceeds have been disbursed, the respondent is stayed from transferring or disposing of the sum of $38,331.84 and directed to return that sum to Joseph C. Angelo, Esq., to be held in escrow, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before October 30, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 30, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

PRUDENTI, P.J., MILLER, CHAMBERS and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court