J. PATRICK BARRETT V CHRISTINE R. BARRETT
Motion No: CA 18-01211
Slip Opinion No: 2019 NY Slip Op 62793(U)
Decided on January 8, 2019
Appellate Division, Fourth 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.


January 8, 2019

PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND NEMOYER, JJ.

DOCKET NO. CA 18-01211

J. PATRICK BARRETT, PLAINTIFF-RESPONDENT,

V

CHRISTINE R. BARRETT, DEFENDANT-APPELLANT.


Appellant having moved, pursuant to CPLR 5519 (c), to modify an order of the Supreme Court entered November 29, 2018, pending the hearing and determination of the appeal taken herein from a judgment of Supreme Court entered in the Office of the Clerk of the County of Onondaga on April 2, 2018,

Now, upon reading and filing the affirmations of Ronald G. Hull, Esq., dated December 12, 2018, and December 28, 2018, the notice of motion with proof of service thereof, and the affirmation of Barrett D. Mack, Esq., dated December 21, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that appellant is entitled to an automatic stay of the sale of the property located at 3101 East Lake Road, Skaneateles, New York, pursuant to CPLR 5519 (a) (6), upon the posting of an undertaking in the amount of $500,000.

Entered: January 8, 2019

Mark W. Bennett, Clerk