Carr-Harris v Carr-Harris
Motion No: 2011-07355
Slip Opinion No: 2011 NY Slip Op 86783(U)
Decided on October 17, 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

M127355

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2011-07355

Natalie Carr-Harris, appellant,

v Philip Carr-Harris, respondent.

(Index No. 06-11553)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of so much of a judgment of the Supreme Court, Westchester County, entered July 19, 2011, as directed the distribution of the proceeds of the sale of the marital residence, pending hearing and determination of an appeal from the judgment.

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

ORDERED that the motion is granted to the extent that enforcement of so much of the judgment entered July 19, 2011, as directed the distribution of the proceeds of the sale of the marital residence is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 16, 2011, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 16, 2011, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

ANGIOLILLO, J.P., FLORIO, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court