| Roman v Roman |
| Motion No: 2010-00067 |
| Slip Opinion No: 2010 NY Slip Op 62267(U) |
| Decided on February 1, 2010 |
| 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
M98007
S/sl
A. GAIL PRUDENTI, P.J.
MARK C. DILLON
RANDALL T. ENG
SHERI S. ROMAN, JJ.
|
2010-00067 Ivan Roman, appellant, v Evelyn Roman, respondent.
(Index No. 25015-08)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated November 30, 2009, for leave to appeal from the order dated November 30, 2009, if necessary, to stay so much of the order as directed the Sheriff of the County of Suffolk to sign and execute any and all documents necessary to effectuate the conveyance of the plaintiff's right, title, and interest in the former marital residence, located at 39 Church Lane, Middle Island, New York, to the defendant, or in the event that the Sheriff of the County of Suffolk has already executed the deed and transfer documents, to enjoin the defendant from transferring or encumbering the marital residence, 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 branch of the motion which is for a stay is granted and enforcement so much of the order as directed the Sheriff of the County of Suffolk to sign and execute any and all documents necessary to effectuate the conveyance of the plaintiff's right, title, and interest in the former marital residence, located at 39 Church Lane, Middle Island, New York, to the defendant, is stayed pending hearing and determination of the appeal, or in the event that the Sheriff of the County of Suffolk has already executed the deed and transfer documents, the defendant is enjoined from transferring or encumbering the marital residence pending hearing and determination of the appeal, on condition that the appeal is perfected on or before March 1, 2010; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 1, 2010, 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 the branch of the motion which is for leave to appeal is denied as unnecessary as the order is appealable as of right (see CPLR 5701).
PRUDENTI, P.J., DILLON, ENG and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court