Klineberg v Klineberg
Motion No: 2011-09576
Slip Opinion No: 2011 NY Slip Op 92894(U)
Decided on December 15, 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

M130451

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

Appeal by Barbara Klineberg from an order of the Supreme Court, Suffolk County, dated September 20, 2011. By decision and order on motion of this Court dated November 3, 2011, the respondent was stayed from removing certain items from the appellant's safe deposit box at Apple Bank pending hearing and determination of the appeal on condition that the appeal was perfected on or before December 5, 2011. The appellant has not perfected the appeal

Now, on the Court's own motion, it is

ORDERED that the stay granted by the decision and order on motion of this Court dated November 3, 2011, is vacated.

DILLON, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court