Opinion
2018–01738 Index No. 202806/09
09-02-2020
Rosalie SOCCI, Respondent, v. Stephen SOCCI, Appellant.
The Law Offices of Thomas F. Liotti, LLC, Garden City (Lucia Maria Ciarvino of counsel), for appellant. Arnold E. DiJoseph, P.C., New York, N.Y. (Arnold E. DiJoseph III of counsel), for respondent.
The Law Offices of Thomas F. Liotti, LLC, Garden City (Lucia Maria Ciarvino of counsel), for appellant.
Arnold E. DiJoseph, P.C., New York, N.Y. (Arnold E. DiJoseph III of counsel), for respondent.
MARK C. DILLON, J.P., SYLVIA O. HINDS–RADIX, BETSY BARROS, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
ORDERED that the appeal is dismissed, without costs or disbursements.
The parties were divorced by a judgment of divorce entered October 26, 2015. As part of equitable distribution, the judgment of divorce contained a provision authorizing the plaintiff to submit an appropriate qualified domestic relations order (hereinafter QDRO) to effectuate the transfer to her of a portion of the marital contributions to the defendant's deferred compensation plan. In August 2017, the defendant moved to stay the execution of a QDRO pending determination of his appeals from the judgment of divorce and from certain criminal convictions. The Supreme Court denied the motion. The defendant appeals.
The defendant's contention that execution of a QDRO should have been stayed pending the determinations of appeals from his criminal convictions and from the judgment of divorce has been rendered academic in light of the determination of those appeals (see Socci v. Socci, 186 A.D.3d 1289, 127 N.Y.S.3d 896 [Appellate Division Docket No. 2016–11279; decided herewith] ; People v. Socci, 160 A.D.3d 904, 71 N.Y.S.3d 896 ). Accordingly, we dismiss the appeal.
DILLON, J.P., HINDS–RADIX, BARROS and BRATHWAITE NELSON, JJ., concur.