| Cashel v Cashel |
| Motion No: 2011-02463 |
| Slip Opinion No: 2011 NY Slip Op 72034(U) |
| Decided on May 6, 2011 |
| 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
M119056
T/sl
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
SHERI S. ROMAN, JJ.
|
2011-02463 Thomas P. Cashel, plaintiff, v Francine Cashel, defendant. (Action No. 1) Thomas Cashel, respondent, v Francine Cashel, et al., defendants, Fremont Investment & Loan, appellant. (Action No. 2) (and another title) (Index Nos. 15578-04, 21537-05, 20064-05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the respondent from transferring or disposing of the proceeds of the sale of the subject property pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated March 4, 2011, and to punish the respondent for contempt for his alleged failure to comply with a temporary restraining order contained in an order to show cause of this Court dated March 16, 2011.
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 to stay the respondent from transferring or disposing of the proceeds of the sale of the subject property is granted to the extent that the respondent shall transfer any remaining proceeds from the sale of the subject property to his attorney for deposit in an interest-bearing escrow account pending hearing and determination of the appeal, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the stay is conditioned on the perfection of the appeal on or before June 6, 2011, and in the event the appeal is not perfected on or before June 6, 2011, 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 to punish the respondent for contempt for his alleged failure to comply with a temporary restraining order contained in an order to show cause of this Court dated March 16, 2011, is referred to the Supreme Court, Suffolk County, to hear and determine, and if it is determined that the respondent willfully violated the temporary restraining order contained in the order to show cause of this Court, to impose an appropriate penalty.
SKELOS, J.P., ANGIOLILLO, DICKERSON and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court