| Wasserman v Wasserman |
| Motion No: 2014-00259 |
| Slip Opinion No: 2014 NY Slip Op 63412(U) |
| Decided on February 10, 2014 |
| 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
M169345
E/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
|
2014-00259 Mark A. Wasserman, plaintiff, v Joann Wasserman, respondent; Berman, Frucco, Gouz, Mitchell & Schub, P.C., nonparty-appellant. (Index No. 04-2623)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant, in effect, to direct that the sum of $47,236.73 remain in an escrow account maintained by F. Todd McLoughlin, the real estate attorney for the respondent, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated December 11, 2013.
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 the sum of $47,236.73 shall remain in the escrow account maintained by F. Todd McLoughin, the real estate attorney for the respondent, pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 12, 2014; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 12, 2014, 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.
SKELOS, J.P., LEVENTHAL, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court