| D'Agostino v D'Agostino |
| Motion No: 2016-06320 |
| Slip Opinion No: 2016 NY Slip Op 79847(U) |
| Decided on July 15, 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
M214935
E/sl
JOHN M. LEVENTHAL, J.P.
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2016-06320 Patricia D'Agostino, appellant, v Peter D'Agostino, respondent. (Index No. 55093/16)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, dated June 17, 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 on the Court's own motion, the notice of appeal is deemed to be an application for leave to appeal from the order dated June 17, 2016, and leave to appeal is granted; and it is further,
ORDERED that the motion is granted, and enforcement of the order is stayed either pending hearing and determination of the appeal or determination of the branch of the underlying motion in the Supreme Court which is for exclusive use and occupancy of the marital residence, whichever occurs first.
LEVENTHAL, J.P., HINDS-RADIX, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court