Appellate Division: Second Judicial Department

M296410

AFA/

COLLEEN D. DUFFY, J.P.

JOSEPH J. MALTESE

HELEN VOUTSINAS

LOURDES M. VENTURA, JJ.

2022-08745 Svetlana Shehovsov, respondent-appellant, v Alexei Shehovsov, appellant-respondent. (Index Nos. 202423/2015, 200350/2016)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from a judgment of the Supreme Court, Nassau County, dated October 12, 2022. Motion by the respondent-appellant, inter alia, in effect, pursuant to CPLR 5519(c) to vacate an automatic stay of enforcement of stated portions of the judgment obtained pursuant to CPLR 5519(a)(2). Motion by the appellant-respondent, inter alia, to enforce stated portions of the judgment. Separate motion by the respondent-appellant, inter alia, to enforce stated portions of the judgment. Separate motion by the respondent-appellant for leave to serve and file a supplemental record containing certain material and to extend the time to serve and file an answering brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion by the respondent-appellant, inter alia, in effect, pursuant to CPLR 5519(c) to vacate an automatic stay of enforcement of stated portions of the judgment obtained pursuant to CPLR 5519(a)(2) is granted to the extent that the automatic stay of enforcement of so much of the judgment dated October 12, 2022, as directed that should the appellant-respondent decide to purchase the respondent-appellant's share of certain real property, payment in the sum of $648,500 shall be made to respondent-appellant within 60 days, directed the appellant-respondent to pay the respondent-appellant the sum of $10,039, and directed the appellant-respondent to pay respondent-appellant's counsel fees in the sum of $55,000, is vacated, and the motion is otherwise denied; and it is further,

ORDERED that the motion by the appellant-respondent, inter alia, to enforce stated portions of the judgment is denied without prejudice to seeking relief in the Supreme Court, Nassau County; and it is further,

ORDERED that the motion by the respondent-appellant, inter alia, to enforce stated portions of the judgment is denied without prejudice to seeking relief in the Supreme Court, Nassau County; and it is further,

ORDERED that the branch of the motion by the respondent-appellant which is for leave to file a supplemental record containing certain material is granted, and on or before June 14, 2024, the respondent-appellant shall serve and file a supplemental record containing Supreme Court NYSCEF Document Nos. 1 though 17 and 19 through 21, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the motion by the respondent-appellant which is to extend the time to serve and file an answering brief is denied as academic as the answering brief has been served and filed.

DUFFY, J.P., MALTESE, VOUTSINAS and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court