Abatemarco v Abatemarco
Motion No: 2014-06140
Slip Opinion No: 2015 NY Slip Op 66918(U)
Decided on March 13, 2015
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M189017

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2014-06140, 2014-08781

Robert Abatemarco, respondent,

v Andrew Abatemarco, appellant

(and a third-party action).

(Index No. 6455/13)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, pursuant to CPLR 5519(a)(4) to designate an "officer" to hold a certain assignment to the respondent of the appellant's partnership interest in Anthony Realty, pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, dated April 15, 2014, and June 23, 2014, respectively, or, in the alternative, to stay a certain "valuation hearing" in the above-entitled action pending hearing and determination of appeals .

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 pursuant to CPLR 5519(a)(4) to designate an "officer" to hold a certain assignment to the respondent of the appellant's partnership interest in Anthony Realty is denied without prejudice to seeking relief in the Supreme Court, Nassau County; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., BALKIN, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court