| Hempstead Video, Inc. v 363 Rockaway Associates, LLC |
| Motion No: 2006-01438 |
| Slip Opinion No: 2006 NYSlipOp 64441(U) |
| Decided on March 2, 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. |
Appellate Division: Second Judicial Department
M36437
Y/nal
GLORIA GOLDSTEIN, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2006-01438
Hempstead Video, Inc., appellant, v 363 Rockaway Associates, LLP, respondent. (Index No. 17445-05)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated January 12, 2006, in effect, to enjoin the respondent from commencing or prosecuting any proceeding in the District Court, Nassau County, to evict the appellant from the subject premisses pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and pending hearing and determination of the appeal the respondent is enjoined from commencing or prosecuting any proceeding in the District Court, Nassau County, to evict the appellant from the subject premisses, on condition that the appeal is perfected on or before April 3, 2006; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 3, 2006, the court, on its own motion, may vacate the injunction, or the respondent may move to vacate the injunction, on three days notice.
GOLDSTEIN, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court