| McClorey v McClorey |
| Motion No: 2016-03709 |
| Slip Opinion No: 2016 NY Slip Op 75129(U) |
| Decided on June 1, 2016 |
| 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
M212254
E/sl
JOHN M. LEVENTHAL, J.P.
ROBERT J. MILLER
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY, JJ.
|
2016-03709 Andrea McClorey, respondent, v Robert McClorey, appellant. (Index No. 7315/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Orange County, dated April 7, 2016, pending hearing and determination of an appeal therefrom.
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 enforcement of so much of the order as permits entry of a judgment for the difference between the cash surrender value as of January 21, 2016, of New York Life Insurance Policy No. 41874479 and the sum of $78,000 is stayed pending hearing and determination of the appeal on condition that on or before July 1, 2016, the appellant (1) perfects the appeal, and (2) transfers ownership of the New York Life Insurance Policy No. 41874479 to the respondent, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appellant does not comply with the foregoing conditions, 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.
LEVENTHAL, J.P., MILLER, DUFFY and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court