| RKO Properties, Ltd. v Boymelgreen |
| Motion No: 2006-02055 |
| Slip Opinion No: 2006 NYSlipOp 65164(U) |
| Decided on March 16, 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
M37127
E/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2006-02055 RKO Properties, Ltd., appellant, v Shaya Boymelgreen, et al., respondents. (Index No. 29822/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay the defendants from transferring, selling, mortgaging, or otherwise encumbering the subject property pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated March 2, 2006.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the defendants are stayed from transferring, selling, mortgaging, or otherwise encumbering the subject property pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 17, 2006, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 17, 2006, the court, on its own motion, may vacate the stay, or the defendants may move to vacate the stay, on three days notice.
KRAUSMAN, J.P., LUCIANO, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court