Cohen v Cohen
Motion No: 2007-10997
Slip Opinion No: 2012 NY Slip Op 93787(U)
Decided on December 14, 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

M148184

E/ct

RANDALL T. ENG, P.J.

MARK C. DILLON

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2007-10997, 2007-11001, 2008-00215,

2012-10847

Allan Cohen, respondent,

v Joan Cohen, appellant.

(Index No. 204031/01)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from a judgment of the Supreme Court, Nassau County, entered November 2, 2007, two orders of the same court dated October 30, 2007, and December 3, 2007, respectively, and order of the same court entered October 23, 2012, to stay enforcement of stated portions of the judgment and, in effect, to stay enforcement of the order entered October 23, 2012, pending hearing and determination of the appeals.

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

ORDERED that the motion is granted to the extent that enforcement of so much of the order entered October 23, 2012, as directed the receiver to distribute the balance of the proceeds of the sale of the marital premises, after payment of the receiver's commission and the broker's commission, is stayed pending hearing and determination of the appeals from the judgment and the orders dated October 30, 2007, and December 3, 2007, and the receiver shall maintain the proceeds of the sale of the marital premises, after payment of the receiver's commission and the broker's commission, in his or her escrow account, pending hearing and determination of those appeals, and the motion is otherwise denied.

ENG, P.J., DILLON, HALL and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court