Opinion
Motion No: M-505
03-03-2020
Richard J. Katz, Plaintiff-Respondent, v. Evette J. Stark-Katz, Defendant-Appellant.
CONFIDENTIAL
An appeal having been taken to this Court from the judgment of divorce of the Supreme Court, New York County, entered on or about April 26, 2019, And defendant-appellant having moved for an order in the nature of a preliminary appellate injunction pursuant to CPLR 5518 enjoining any sale of the marital residence, pending hearing and determination of the appeal, and for leave to prosecute the appeal as a poor person, an extension of time to perfect the appeal, and related relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion, to the extent it seeks a preliminary appellate injunction and extension of time to perfect the appeal, is granted, and the sale of the marital residence is stayed, on condition that defendant perfects the appeal for the September 2020 Term, and it is further, Ordered that the motion, to the extent it seeks poor person relief, is denied, with leave to renew upon defendant's submission of a detailed notarized affidavit, pursuant to CPLR 1101 and 22 NYCRR 1250.4(d)(1) and (2), and it is further Ordered that the motion, to the extent it seeks the assignment of appellate counsel, is denied.
ENTERED: March 3, 2020
__________ CLERK
Present - Hon. Rolando T. Acosta,Presiding Justice, David Friedman Angela M. Mazzarelli Troy K. Webber,Justices
M-505
Index No. 311784/10