Opinion
DOCKET NO. CA 13-02139
01-22-2014
JAMIE L. BOLDT, PLAINTIFF-RESPONDENT, v. MICHAEL BOLDT, DEFENDANT-APPELLANT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for a stay of all proceedings to enforce an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Ontario on May 24, 2013, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of David M. Kaplan, Esq., dated December 2, 2013, the notice of motion with proof of service thereof, and the affirmation of Jennifer L. Fazio, Esq., dated December 13, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Appellant can, without order of this Court, receive a stay of enforcement of the order and the judgment, insofar as they direct the execution of a quitclaim deed and the conveyance or delivery of real property, on the condition that appellant follows the procedures set forth in both CPLR 5519 (a) (5) and (6).
Frances E. Cafarell, Clerk