Kasarda v Kasarda
Motion No: 2011-03540
Slip Opinion No: 2011 NY Slip Op 72317(U)
Decided on May 10, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M119858

T/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

SHERI S. ROMAN, JJ.

2011-03540, 2011-03543

Christine Kasarda, respondent,

v Serge Kasarda, appellant.

(Index No. 09-2267)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated May 5, 2011, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant on appeals from two orders of the Supreme Court, Westchester County, entered February 25, 2011, and March 28, 2011, respectively, to stay enforcement of the order entered March 28, 2011, to stay the trial of the financial issues, and to stay all proceedings to hold him in contempt, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion, the papers filed in opposition and in reply, it is

ORDERED that the motion is granted to the extent that the appellant may use funds in an account in the Gloucester Bank to satisfy his pendente lite obligations set forth in the order entered March 28, 2011, pending hearing and determination of the appeals, and the motion is otherwise denied.

DILLON, J.P., BALKIN, ENG and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court