Appellate Division: Second Judicial Department

M160483

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2013-07084, 2013-07085 Amy Braunstein, appellant, v David Braunstein, respondent. (Index No. 4688/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated March 28, 2013, and to stay stated portions of a resettled judgment of divorce of the same court entered May 17, 2013, pending hearing and determination of appeals therefrom. Cross motion by the respondent to dismiss the appeal on the ground that the appellant failed to timely appeal from a judgment of divorce of the same court dated April 11, 2012.

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

ORDERED that the motion is granted to the extent that 25% of the gross proceeds (i.e., an amount equal to 50% of the marital portion of the total gross proceeds) from any sale of the premises located in Deer Park, New York, shall be held in escrow by the respondent's counsel, pending hearing and determination of the appeals on condition that the appeals are perfected on or before September 9, 2013, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeals are not perfected on or before September 9, 2013, the Court, on its own motion, may vacate the foregoing provision, without further notice, or the respondent may move to vacate the foregoing provision, on three days notice; and it is further,

ORDERED that the cross motion is denied.

DILLON, J.P., BALKIN, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court