| Katz v Katz |
| Motion No: 2016-11954 |
| Slip Opinion No: 2016 NY Slip Op 93026(U) |
| Decided on December 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
M222282
E/sl
RUTH C. BALKIN, J.P.
L. PRISCILLA HALL
HECTOR D. LASALLE
FRANCESCA E. CONNOLLY, JJ.
|
2016-11954 Roger Bruce Katz, appellant, v Daryl Nadine Katz, respondent. (Index No. 203671/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of so much of an order of the Supreme Court, Nassau County, dated October 20, 2016, as directed an evidentiary hearing on issues concerning the authenticity of a prenuptial agreement dated September 25, 1996, pending hearing and determination of an appeal from the order.
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 to this Court from so much of the order dated October 20, 2016, as directed an evidentiary hearing on issues concerning the authenticity of the prenuptial agreement dated September 25, 1996, and leave to appeal is granted; and it is further,
ORDERED that the motion is granted to the extent that enforcement so much of the order dated October 20, 2016, as directed an evidentiary hearing on issues concerning the authenticity of the prenuptial agreement dated September 25, 1996, in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 3, 2017, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before January 3, 2017, 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; and it is further,
ORDERED that the respondent shall serve and file a brief, if any, on or before February 2, 2017; and it is further,
ORDERED that the appellant shall serve and file a reply brief, if any, on or before February 14, 2017.
BALKIN, J.P., HALL, LASALLE and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court