| Kirshner v Kirshner |
| Motion No: 2020-02375 |
| Slip Opinion No: 2020 NY Slip Op 67936(U) |
| Decided on July 1, 2020 |
| 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
M271648
E/sl
CHERYL E. CHAMBERS, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.
|
2020-02375 Jay Kirshner, respondent, v Melissa Kirshner, appellant. (Index No. 202180/2013)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Nassau County, entered January 27, 2020. Motion by the appellant to stay enforcement of so much of the judgment as granted the respondent a credit of the sum of $550,000 representing 50% of the purchase price of the subject car wash, to stay the distribution of the remaining proceeds of the sale of the subject car wash, to stay enforcement of so much of the judgment as concerns the division of the cash surrender value of the respondent's life insurance policy to the extent of staying the distribution of its excess cash surrender value as of March 21, 2013, and to stay the distribution of the sum of $50,471.50 from the respondent's share of money held in escrow representing one half of the total Federal and State tax refund received by the respondent in connection with his 2012 Federal and State income tax returns, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted to the extent that enforcement of so much of the judgment as granted the respondent a credit of the sum of $550,000 representing 50% of the purchase price of the subject car wash, the distribution of the remaining proceeds of the sale of the subject car wash, and the distribution of the sum of $50,471.50 from the respondent's share of money held in escrow representing one half of the total Federal and State tax refund received by the respondent in connection with his 2012 Federal and State income tax returns are stayed pending hearing and determination of the appeal, and the motion is otherwise denied.
CHAMBERS, J.P., ROMAN, COHEN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court