Appellate Division: Second Judicial Department

M259907

E/sl

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2018-13619 Steven Kattan, appellant, v Sharon Kattan, respondent. (Index No. 50082/09)

DECISION & ORDER ON MOTION

2019-00142

Steven Kattan, appellant-respondent,

v Sharon Kattan, respondent-appellant.

(Index No. 50082/09)

Motion by Steven Kattan on an appeal from an order of the Supreme Court, Kings County, dated September 18, 2018, and an appeal and cross appeal from a judgment of the same court dated December 11, 2018, to stay enforcement of stated portions of the judgment pending hearing and determination of the appeals and cross appeal, for a preference in the calendaring of the appeals and cross appeal, and to consolidate the appeal from the order with the appeal and cross appeal from the judgment.

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 stated portions of the judgment pending hearing and determination of the appeals and cross appeal is granted to the extent that enforcement of so much of the judgment as directs (1) the transfer of title to the premises located at 1093 East 8th Street, Brooklyn, New York, to Sharon Kattan and related payment of $1,637,500, (2) the transfer of title to Ditmas Realty, LLC, and to the premises located on Ditmas Avenue, Brooklyn, New York, to Sharon Kattan and related payment of $532,394.27, and (3) the payment of $1,190,301.18 related to the premises located at 17 Monmouth Drive, Deal, New Jersey, is stayed pending hearing and determination of the appeals and cross appeal on condition that the appeals are perfected on or before March 8, 2019; and it is further,

ORDERED that in the event the appeals are not perfected on or before March 8, 2019, the Court, on its own motion, may vacate the stay, without further notice, or Sharon Kattan may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals and cross appeal is denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals and cross appeal is denied as unnecessary as the appeals and cross appeal may be consolidated as of right (see 22 NYCRR 1250.9[f][3]).

MASTRO, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court