Maddaloni v Maddaloni
Motion No: 2013-10551
Slip Opinion No: 2015 NY Slip Op 68633(U)
Decided on March 31, 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

M189881

E/ct

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2013-10551, 2014-02639, 2014-03024,

2014-06547, 2014-06548

Laura Maddaloni, respondent-appellant,

v Luigi Maddaloni, appellant-respondent.

(Index No. 8359/11)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to stay all proceedings to hold him in contempt in the above-entitled action pending hearing and determination of appeals from four orders of the Supreme Court, Suffolk County, dated October 1, 2013 (two orders), December 3, 2013, and May 20, 2014, respectively, and an appeal and a cross appeal from a judgment of the same court entered May 19, 2014.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that all proceedings to hold the appellant-respondent in contempt in the above-entitled action for failure to execute a listing agreement for the sale of the marital residence are stayed pending hearing and determination of the appeals and cross appeal, and the motion is otherwise denied; and it is further,

ORDERED that the money held in escrow by the respondent-appellant's counsel and deposited by the appellant-respondent pursuant to the order to show cause of this Court dated March 5, 2015, shall remain in escrow pending hearing and determination of the appeals and cross appeal.

RIVERA, J.P., CHAMBERS, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court