Kessler v. Kessler

Full title: Charles Kessler, respondent, v. Freda Kessler, appellant.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Mar 29, 2012

2012 N.Y. Slip Op. 68795 (N.Y. App. Div. 2012)

Opinion

Motion No: 2011-08276 2011-08277 Index No. 05-3360 M135546

03-29-2012

Charles Kessler, respondent, v. Freda Kessler, appellant.

DANIEL D. ANGIOLILLO

, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

DECISION & ORDER ON MOTION

Appeals by the defendant from a judgment of the Supreme Court, Westchester County, dated May 4, 2011, and an order of the same court entered August 31, 2011. By decision and order on motion of this Court dated September 26, 2011, as amended December 23, 2011, the appellant's motion for a stay was granted and enforcement of the order entered August 31, 2011, was stayed to the extent that the respondent's counsel was directed to hold in escrow the sum of $70,000 of the net proceeds from the sale of the marital premises, pending hearing and determination of the appeals, on condition that the appeals from the judgment dated May 4, 2011, and order entered August 31, 2011, were perfected on or before February 20, 2012. The appeals have not been perfected.

Now, on the Court's own motion, it is

ORDERED that the stay granted by the decision and order on motion of this Court dated September 26, 2011, as amended December 23, 2011, is vacated forthwith.

ANGIOLILLO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court