Appellate Division: Second Judicial Department

M159844

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2013-01770 Robert Cristando, appellant, v Edwin Lozada, etc., respondent. (Index No. 202837/09)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to enforce a decision and order on motion of this Court dated February 26, 2013, which granted a stay of enforcement of a judgment of the Supreme Court, Nassau County, dated January 2, 2013, or in the alternative, to direct that the proceeds of the sale of the marital residence be deposited into and held in an attorney escrow account pending hearing and determination of an appeal therefrom.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted to the extent that so much of the decision and order on motion of this Court dated February 26, 2013, as stayed enforcement of the provision of the judgment which directed the sale of the marital residence is vacated; and it is further,

ORDERED that, on consent of the parties, the net proceeds of the sale of the marital residence, after mortgage payoff and payment of broker's commission, title expenses, and adjustments to buyer, shall be deposited into and held equally in the escrow accounts of the appellant's attorney and the respondent's attorney pending hearing and determination of the appeal; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court