Dimond v Dimond
Motion No: 2012-04159
Slip Opinion No: 2012 NY Slip Op 74252(U)
Decided on May 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M138256

E/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2012-04159

Elizabeth Dimond, appellant,

v Robert Dimond, respondent.

(Index No. 17035-11)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Suffolk County, dated March 5, 2012, as granted the respondent's motion to permit him to purchase the marital residence pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is granted, and enforcement of so much of the order as granted the respondent's motion to permit him to purchase the marital residence is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 25, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 25, 2012, 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.

SKELOS, J.P., FLORIO, LOTT and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court