| Kessler v Kessler |
| Motion No: 2011-08276 |
| Slip Opinion No: 2012 NY Slip Op 68795(U) |
| Decided on March 29, 2012 |
| 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
M135546
S/sl
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2011-08276, 2011-08277 Charles Kessler, respondent, v Freda Kessler, appellant. (Index No. 05-3360)
| DECISION & ORDER ON MOTION |
Appeals by the defendant from a judgment of the Supreme Court, Westchester County, dated May 4, 2011, and an order of the same court entered August 31, 2011. By decision and order on motion of this Court dated September 26, 2011, as amended December 23, 2011, the appellant's motion for a stay was granted and enforcement of the order entered August 31, 2011, was stayed to the extent that the respondent's counsel was directed to hold in escrow the sum of $70,000 of the net proceeds from the sale of the marital premises, pending hearing and determination of the appeals, on condition that the appeals from the judgment dated May 4, 2011, and order entered August 31, 2011, were perfected on or before February 20, 2012. The appeals have not been perfected.
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 September 26, 2011, as amended December 23, 2011, is vacated forthwith.
ANGIOLILLO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court