| Kagan v Ameriprise Financial Services, Inc. |
| Motion No: 2018-15179 |
| Slip Opinion No: 2019 NY Slip Op 62038(U) |
| Decided on February 1, 2019 |
| 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
M259744
E/sl
MARK C. DILLON, J.P.
HECTOR D. LASALLE
BETSY BARROS
LINDA CHRISTOPHER, JJ.
|
2018-15179 Michelle Kagan, plaintiff-respondent, v Ameriprise Financial Services Inc., et al., defendants-respondents, Valarie Kagan, appellant. (Index No. 51485/17)
| DECISION & ORDER ON MOTION |
Motion by the appellant to confirm that an automatic stay is in effect pursuant to CPLR 5519(a)(4) and (5) staying enforcement of an order of the Supreme Court, Dutchess County, dated December 21, 2018, pending hearing and determination of an appeal therefrom or, in the alternative, pursuant to CPLR 5519(c) to stay enforcement of the order pending hearing and determination of the 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 confirm that an automatic stay is in effect pursuant to CPLR 5519(a)(4) and (5) is denied; and it is further,
ORDERED that the branch of the motion which is pursuant to CPLR 5519(c) to stay enforcement of the order dated December 21, 2018, is granted, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 4, 2019; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 4, 2019, the Court, on its own motion, may vacate the stay, without further notice, or the plaintiff-respondent may move to vacate the stay, on three days notice.
DILLON, J.P., LASALLE, BARROS and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court