| Cotter v Cotter |
| Motion No: 2014-09020 |
| Slip Opinion No: 2014 NY Slip Op 88613(U) |
| Decided on October 31, 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
M182217
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
JOSEPH J. MALTESE, JJ.
|
2014-09020 Rose Cotter, respondent, v Thomas Cotter, appellant. (Index No. 12-3550)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of so much of a judgment of the Supreme Court, Westchester County, dated September 11, 2014, as directed the distribution of the sum of $55,000 from the account escrow maintained by the respondent's attorney, pending hearing and determination of an appeal from the judgment.
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 enforcement of so much of the judgment as directed the distribution of the sum of $55,000 from the escrow account maintained by the respondent's attorney is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 15, 2014; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 15, 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., DICKERSON, CHAMBERS and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court