| Barnes-Levitin v Levitin |
| Motion No: 2014-00284 |
| Slip Opinion No: 2014 NY Slip Op 63501(U) |
| Decided on February 11, 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
M169431
E/sl
MARK C. DILLON, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2014-00284 Nina Barnes-Levitin, appellant, v Samuel J. Levitin, respondent. (Index No. 5331/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in an action entitled Levitin v Levitin, pending in the Supreme Court, Suffolk County, under Index No. 17450/11, and to stay an order of the Supreme Court, Suffolk County, dated November 6, 2013, in the above-entitled action, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay all proceedings in the related action is granted, and all proceedings in the action entitled Levitin v Levitin, pending in the Supreme Court, Suffolk County, under Index No. 17450/11, are stayed pending hearing and determination of the appeal from the order dated November 6, 2013, in the above-entitled action, 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; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., HALL, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court