Appellate Division: Second Judicial Department

M185865

E/ct

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

HECTOR D. LASALLE, JJ.

2014-01350, 2014-10860 Alvin S. Cuttler, appellant, v Libby J. Cuttler, respondent. (Index No. 1328/06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of two orders of the Supreme Court, Putnam County, dated December 18, 2013, and October 31, 2014, respectively, as directs him to execute the Cuttler Family Trust prepared by Kirsten Stoppel, pending hearing and determination of appeals from the orders.

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 orders as directs the appellant to execute the Cuttler Family Trust prepared by Kirsten Stoppel is stayed pending hearing and determination of the appeals on condition that the appeal from the order dated October 31, 2014, is perfected on or before February 13, 2015; and it is further,

ORDERED that in the event the appeal from the order dated October 31, 2014, is not perfected on or before February 13, 2015, 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 respondent shall serve and file a brief, if any, with respect to the appeal from the order dated October 31, 2014, on or before March 16, 2015; and it is further,

ORDERED that the appellant shall serve and file a reply brief, if any, with respect to the appeal from the order dated October 31, 2014, on or before March 31, 2015.

ENG, P.J., LEVENTHAL, HALL and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court