Appellate Division: Second Judicial Department

M228770

E/sl/ct

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

BETSY BARROS, JJ.

2017-02115 William J. O'Reilly, respondent, v Maureen McPhilmy, appellant. (Index No. 602235/16)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, entered March 2, 2017, to stay enforcement of a judgment of the same court entered October 4, 2016, pending hearing and determination of the appeal from the order, in effect, to lift the restraining notices served by the respondent upon the appellant and upon Morgan Stanley so as to allow the appellant to pay ordinary living expenses and legal fees incurred in connection with the above-entitled action as well as related custody proceedings, to authorize Morgan Stanley to release money from the appellant's accounts to pay ordinary living expenses and legal fees incurred in connection with the above-entitled action as well as related custody proceedings, for a preference in the calendaring of the appeal, and to seal all documents filed in connection with this appeal.

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

ORDERED that the branch of the motion which is to stay enforcement of the judgment is granted to the extent that further enforcement of the judgment entered October 4, 2016, is stayed pending hearing and determination of the appeal from the order on condition that the appeal from the order is perfected on or before May 1, 2017; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 1, 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 May 22, 2017; and it is further,

ORDERED that the appellant shall serve and file a reply brief, if any, on or before May 31, 2017; and it is further,

ORDERED that the branches of the motion which are, in effect, to lift the restraining notices served by the respondent upon the appellant and upon Morgan Stanley so as to allow the appellant to pay ordinary living expenses and legal fees incurred in connection with the above-entitled action as well as related custody proceedings, and to authorize Morgan Stanley to release money from the appellant's accounts to pay ordinary living expenses and legal fees incurred in connection with the above-entitled action as well as related custody proceedings, are granted to the extent that the matter is referred to the Supreme Court, Nassau County, to determine the sum necessary to pay the appellant's ordinary living expenses and for that court to take appropriate action with respect to the restraining notices served by the respondent upon the appellant and upon Morgan Stanley so as to allow the appellant to use the money in the Morgan Stanley accounts to pay her ordinary living expenses; and it is further,

ORDERED that the branch of the motion which is for a preference is granted and the appeal will be calendared expeditiously after all of the briefs have been filed; and it is further,

ORDERED that the branch of the motion which is to seal all documents filed in connection with this appeal is denied as unnecessary in light of an order of the Supreme Court, Nassau County, entered June 2, 2016, which sealed the file in the above-entitled action; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., AUSTIN, ROMAN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court