| Cohen v Cohen |
| Motion No: 2007-10997 |
| Slip Opinion No: 2013 NY Slip Op 93411(U) |
| Decided on December 6, 2013 |
| 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. |
Appellate Division: Second Judicial Department
M166357
E/sl
RANDALL T. ENG, P.J.
MARK C. DILLON
L. PRISCILLA HALL
LEONARD B. AUSTIN, JJ.
|
2007-10997, 2007-11001, 2008-00215 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, and two orders of the same court dated October 30, 2007, and December 3, 2007, respectively, to stay the distribution of the balance of the proceeds of the sale of the marital premises, pending hearing and determination of the appeals. Separate motion by the respondent to dismiss the appeals on the ground that the appellant failed to properly settle the transcript, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the appellant's motion is granted, the distribution of 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, 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 the appeals; and it is further,
ORDERED that the branch of the respondent's motion which is to dismiss the appeals is granted to the extent that on or before January 6, 2014, the appellant shall settle the transcript and, if necessary, file corrections to the copy of the transcript filed with the Clerk of the Court, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the respondent's motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until February 5, 2014, and the respondent's brief must be served and filed on or before that date.
ENG, P.J., DILLON, HALL and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court