Appellate Division: Second Judicial Department

M281958

MB/

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

LARA J. GENOVESI

WILLIAM G. FORD, JJ.

2021-09224 Patrick Joseph, respondent, v Myriam Joseph, appellant. (Index No. 800215/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, entered December 8, 2021. Motion by the appellant to stay enforcement of so much of the order as directs the respondent to pay the appellant the sum of $60,000 from the proceeds of the sale of the marital residence, pending hearing and determination of the appeal, and for the assignment of counsel.

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 so much of the order as directs the respondent to pay the appellant the sum of $60,000 from the proceeds of the sale of the of the marital residence is granted, and that portion of the order is stayed pending hearing and determination of the appeal on the condition that the appeal is perfected on or before June 2, 2022; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 2, 2022, 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 motion is otherwise denied.

DILLON, J.P., DUFFY, GENOVESI and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court