PAUL MARTELLONI, res, v. LISA MARTELLONI, ap

PAUL MARTELLONI, res, v. LISA MARTELLONI, ap — (INDEX NO. 36009/09) Appeal by the defendant from an order of the Supreme Court, Suffolk County (Marlene L. Budd, J.), dated August 17, 2015. The order, insofar as appealed from, in effect, granted that branch of the plaintiff's motion which was for leave to renew that branch of his prior motion which was to direct the sale of the former marital residence in accordance with the terms of the parties' stipulation of settlement, which had been denied as premature in an order of that court dated January 13, 2015, and thereupon granted that branch of the plaintiff's prior motion and directed that the former marital residence be sold in accordance with the terms of the stipulation of settlement.

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PAUL MARTELLONI, res, v. LISA MARTELLONI, ap — (INDEX NO. 36009/09) Appeal by the defendant from an order of the Supreme Court, Suffolk County (Marlene L. Budd, J.), dated August 17, 2015. The order, insofar as appealed from, in effect, granted that branch of the plaintiff’s motion which was for leave to renew that branch of his prior motion which was to direct the sale of the former marital residence in accordance with the terms of the parties’ stipulation of settlement, which had been denied as premature in an order of that court dated January 13, 2015, and thereupon granted that branch of the plaintiff’s prior motion and directed that the former marital residence be sold in accordance with the terms of the stipulation of settlement.

ORDERED that the order dated August 17, 2015, is modified, on the facts, by deleting the provision thereof, upon, in effect, renewal, granting that branch of the plaintiff’s prior motion which was to direct the sale of the former marital residence in accordance with the terms of the stipulation of settlement, and substituting therefor a provision, upon renewal, denying that branch of the plaintiff’s prior motion; as so modified, the order is affirmed insofar as appealed from, with costs to the defendant.

PAUL MARTELLONI, res, v. LISA MARTELLONI, ap

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