Appellate Division: Second Judicial Department

M152031

T/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2013-01236 Country Bank, respondent, v Thomas Broderick, appellant. (Index No. 12-3045)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, entered January 3, 2013, which directed nonparty Fidelity Brokerage Services, LLC to transfer to the respondent the funds in three "529" college savings plan accounts owned by the appellant, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is granted, enforcement of the order entered January 3, 2013, is stayed, and all withdrawals or transfers from the subject three "529" college savings plan accounts owned by the appellant are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 28, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 28, 2013, 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.

RIVERA, J.P., CHAMBERS, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court