Opinion
Motion No: M-2052
05-25-2017
Appeals having been taken from the pendent lite order of the Supreme Court, New York County, entered on or about March 20, 2017, And, plaintiff-respondent-appellant wife having moved to stay the aforesaid order insofar as it directs the sale of the parties' jointly owned apartment during the pendency of the divorce proceeding (M-2051),And, defendant-appellant-respondent husband having moved to stay the order to the extent that it directs the payment of maintenance, maintenance arrears, child support arrears and counsel fees, pending hearing and determination of the aforesaid appeal, and for an order directing that, upon sale of the apartment, "sufficient funds" to cover these expenses be held in escrow (M-2052), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motion by plaintiff-respondent-appellant is denied (M-2051), It is further ordered that defendant-appellant-respondent's motion is granted to the extent of directing that the net proceeds of any sale of the subject apartment be held in escrow by the parties'/sellers' attorney subject to review and approval of disbursement of the net proceeds by the trial Court; the parties are directed to promptly notify the trial Court of the sale. The motion is otherwise denied (M-2052).
ENTERED: May 25, 2017
_____________________ CLERK
PRESENT - Hon: Peter Tom, Justice Presiding, John W. Sweeny, Jr. Rosalyn H. Richter Barbara R. Kapnick Troy K. Webber, Justices
M-2052
M-2051
Index No. 301394/15