Appellate Division: Second Judicial Department

M211720

E/ct

CHERYL E. CHAMBERS, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

HECTOR D. LASALLE, JJ.

2016-02329 K. A. K. (Anonymous), respondent, v G. B. K. (Anonymous), appellant. (Index No. 4893/11)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to this Court from a decision and order (one paper) of the Supreme Court, Westchester County, dated February 29, 2016, and for a stay of execution of so much of the decision and order as awarded counsel fees to the plaintiff in the sum of $1.5 million payable by the defendant after service upon him of the judgment of divorce with notice of entry, and vacated a stay that was in effect pursuant to CPLR 5519(a)(2), pending hearing and determination of the appeal from the decision and order. Separate motion by the defendant for leave to appeal to this Court from the decision and order dated February 29, 2016, and for a stay of execution of so much of the decision and order as directed the final equitable distribution of property. Cross motion by the plaintiff to direct that any stay granted in connection with the motions be conditioned upon the posting of a bond and payment of the sum of $250,000 in counsel fees.

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

ORDERED that the branches of the motions which are for leave to appeal to this Court from the decision and order dated February 29, 2016, are denied as unnecessary with respect to those portions of the decision and order which determined motions made on notice (see CPLR 5701[a]), and are otherwise denied; and it is further,

ORDERED that on the Court's own motion, the defendant's moving papers are deemed to be a notice of appeal from those portions of the decision and order dated February 29, 2016, which determined motions made on notice (see CPLR 5520[b]); and it is further,

ORDERED that the branches of the motions which are to stay execution are granted to the extent that pending the hearing and determination of the appeal, execution upon so much of the decision and order dated February 29, 2016, as directed vacatur of a stay of enforcement that was in effect pursuant to CPLR 5519(a)(2), and as directed the immediate equitable distribution of bank accounts, investment accounts, and mutual funds, are stayed on condition that on or before August 8, 2016, the appellant perfects the appeal; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 8, 2016, the Court, on its own motion, may vacate the stay, without further notice, or the plaintiff may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motions are otherwise denied without prejudice to seeking relief after a judgment of divorce has been entered and an appeal taken therefrom; and it is further,

ORDERED that the cross motion is denied.

CHAMBERS, J.P., HALL, AUSTIN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court