Opinion
Motion No: CA 14-02157
01-26-2015
IN THE MATTER OF THE PETITION FOR JUDICIAL SETTLEMENT OF THE ACCOUNT OF MICHELE PAVLYAK AS TRUSTEE OF THE PAVLYAK LIVING TRUST, UNDER AGREEMENT DATED JUNE 19, 1998. MICHELE M. PAVLYAK, PETITIONER-APPELLANT; v. GEORGE M. PAVLYAK, OBJECTANT-RESPONDENT.
PRESENT: , SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Appellant having moved for a stay of all proceedings to enforce an order of the Onondaga County Surrogate's Court entered in the Office of the Clerk of said court on October 9, 2014, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of Michael Longstreet, Esq., dated December 4, 2014, the notice of motion with proof of service thereof, and the affirmation of Jonathan P. McSherry, Esq., dated December 10, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to stay enforcement, pending determination of the appeal, of the portion of the order entered October 9, 2014, directing appellant to submit a final accounting in accordance with the Surrogate's findings, on the condition that, on or before February 25, 2015, appellant gives an undertaking, pursuant to CPLR 5519 (a) (2), that equals the total amount the Surrogate directed appellant to pay in said order, and
It is further ORDERED that the aforementioned stay granted by this Court is further conditioned on appellant perfecting the appeal on or before March 27, 2015, and
It is further ORDERED that the remainder of the motion is denied without prejudice to appellant obtaining a stay of enforcement of any other portions of the order that are covered by CPLR 5519 (a) by complying with the applicable provisions of CPLR 5519 (a).
Entered: January 26, 2015
Frances E. Cafarell, Clerk