Appellate Division: Second Judicial Department

M172981

E/sl

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2014-03084 Susan Doscher, respondent, v Jude Drew Doscher, appellant. (Index No. 201489/03)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of a judgment of the Supreme Court, Nassau County, entered March 4, 2014, pending hearing and determination of an appeal therefrom, to direct the respondent to make certain trial exhibits available for copying or scanning, and for the Court to take judicial notice of a decision of the Supreme Court, Nassau County, dated February 18, 2014. Cross motion by the respondent, inter alia, to vacate the temporary restraining order contained in the order to show cause of this Court dated March 28, 2014.

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 branch of the motion which is to stay enforcement of the judgment is granted to the extent that enforcement of so much of the judgment as awarded each party 50% of the marital assets is stayed pending hearing and determination of the appeal on condition that (1) the appeal is perfected on or before June 23, 2014, (2) that the appellant shall not dissipate any marital assets pending hearing and determination of the appeal; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 23, 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 branch of the motion which is to direct the respondent to make certain trial exhibits available for copying or scanning is granted to the extent that on or before May 6, 2014, the respondent's counsel is directed to make available all exhibits in counsel's possession to the appellant for copying or scanning; and it is further,

ORDERED that the branch of the motion which is for the Court to take judicial notice of the decision dated February 18, 2014, is denied as unnecessary as that order is part of the record; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied, in part, as unnecessary, in light of the determination of the motion, and is otherwise denied.

MASTRO, J.P., BALKIN, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court