Daly v Meiskin
Motion No: 2006-00431
Slip Opinion No: 2006 NYSlipOp 62749(U)
Decided on February 7, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35852

T/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2006-00431

Vincent De Paul Daly, et al., respondents,

v James Meiskin, et al., defendants, Dorothy

Daly Van Dam, appellant.

(Index No. 25033-99)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an interlocutory judgment of the Supreme Court, Suffolk County, dated January 4, 2006, pending hearing and determination of an appeal therefrom.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted on condition that on or before February 17, 2006, the appellant post an undertaking in the sum of $390,000 in terms that if the interlocutory judgment dated January 4, 2006, is affirmed and it is determined that the appellant was not entitled to a stay of enforcement, the appellant will pay to the respondents all damages and costs which may be sustained by reason of this stay as specified in CPLR 6312(b).

SCHMIDT, J.P., SANTUCCI, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court