| Gordon v Gordon |
| Motion No: 2012-06500 |
| Slip Opinion No: 2012 NY Slip Op 80955(U) |
| Decided on August 9, 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
M141891
E/sl
RUTH C. BALKIN, J.P.
ARIEL E. BELEN
CHERYL E. CHAMBERS
L. PRISCILLA HALL, JJ.
|
2012-06500 Lisa Gordon, appellant, v Laurence Gordon, defendant; Vessa Willensky, P.C., nonparty-respondent. (Index No. 202475/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated May 29, 2012, for leave to appeal to this Court from so much of the order as directed a hearing on the amount of the charging lien for legal services provided between September 16, 2011, and October 31, 2011, and to stay the hearing as well as enforcement of so much of the order as enjoined the payment of the distributive award to her, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is granted; and it is further,
ORDERED that the branch of the motion which is to stay the hearing on the amount of the charging lien, as well as enforcement of so much of the order as enjoined the payment of the distributive award to the appellant, is granted, and the hearing as well as enforcement of so much of the order as enjoined the payment of the distributive award to the appellant are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 7, 2012; and it is further,
ORDERED that in the event that the appellant does not perfect the appeal on or before September 7, 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; and it is further,
ORDERED that pending hearing and determination of the appeal, the appellant's counsel shall continue to hold the sum of $150,000 in an interest-bearing escrow account as directed by an order to show cause of this Court dated July 12, 2012.
BALKIN, J.P., BELEN, CHAMBERS and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court