LEVINE v. NEIVA


58 A.D.3d 411 (2009)

872 N.Y.S.2d 5

PETER M. LEVINE, Appellant, v. JUNIA HISSA NEIVA, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

January 6, 2009.


By ordering defendant to turn over her property within 30 days of her return to the United States when the date of her return was unknown, the court effectively granted her an indefinite discretionary stay of enforcement of the judgment. Since defendant did not appeal the judgment or post a bond, there was no basis for a discretionary stay (see Tauber v Bankers Trust Co., 259 A.D.2d 381 [1999], lv dismissed

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