| Klineberg v Klineberg |
| Motion No: 2011-09576 |
| Slip Opinion No: 2011 NY Slip Op 88818(U) |
| Decided on November 3, 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
M128406
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
JEFFREY A. COHEN, JJ.
|
2011-09576 Barbara Klineberg, appellant, v Alan Klineberg, respondent. (Index No. 13052/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated September 20, 2011, in effect, to stay the respondent from removing certain items identified in the order dated September 20, 2011, from the appellant's safe deposit box at Apple Bank, 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 motion is granted, and the respondent is stayed from removing the items identified in the order dated September 20, 2011 from the appellant's safe deposit box at Apple Bank pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 5, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 5, 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.
DILLON, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court