| Aebly v Lally |
| Motion No: 2012-06307 |
| Slip Opinion No: 2014 NY Slip Op 70625(U) |
| Decided on April 30, 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
M173619
E/sl
PETER B. SKELOS, J.P.
L. PRISCILLA HALL
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
|
2012-06307 Richard E. Aebly, respondent, v Regan Lally, appellant. (Index No. 202114/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Nassau County, entered May 16, 2012, which was determined by decision and order of this Court dated December 4, 2013, inter alia, to compel the respondent to execute a deed transferring his interest in the marital residence to the appellant, and to direct that the deed transferring the respondent's interest in the marital residence be held in escrow pending reallocation of the parties' equitable distribution awards, or to hold the respondent in contempt of court for his failure to comply with the decision and order of this Court dated December 4, 2013.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to compel the respondent to execute the deed transferring his interest in the marital residence to the appellant, and to direct that the deed transferring the respondent's interest in the marital residence to the appellant be held in escrow pending reallocation of the parties' equitable distribution awards is granted to the extent that the respondent shall attend the closing scheduled in accordance with the provisions of the decision and order of this Court dated December 4, 2013, and upon "receipt of a satisfaction of the mortgage, the plaintiff must convey by deed to the defendant, his interest in the property;" the deed shall be delivered to the appellant's attorney, to be held in escrow pending reallocation of the parties' equitable distribution awards, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to hold the respondent in contempt
of court is denied, without prejudice to renew, in the event that the respondent fails to comply with the directives set forth above.
SKELOS, J.P., HALL, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court