Appellate Division: Second Judicial Department

M160199

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX, JJ.

2013-06618 Ellen Bohner, appellant, v Richard Bohner, Jr., respondent. (Index No. 37713/11)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay enforcement of so much of an order of the Supreme Court, Suffolk County, dated June 11, 2013, as directed that the proceeds of the monthly mortgage payment to the parties in the sum of $2,170 be placed in escrow and to direct that the proceeds of the monthly mortgage payments be paid to the appellant, pending hearing and determination of an appeal from the order.

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

ORDERED that the motion is granted, and enforcement of so much of an order of the Supreme Court, Suffolk County, dated June 11, 2013, as directed that the proceeds of the monthly mortgage payment to the parties in the sum of $2,170 be placed in escrow is stayed and the proceeds of the monthly mortgage payment shall be paid to the appellant, pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 3, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 3, 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.

DILLON, J.P., ANGIOLILLO, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court