| SJSJ Southold Realty, LLC v Fraser |
| Motion No: 2006-01581 |
| Slip Opinion No: 2006 NYSlipOp 65168(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
M37248
O/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2006-01581 SJSJ Southold Realty, LLC., respondent, v Elizabeth Fraser, etc., et al., appellants. (Index No. 27515-04)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Suffolk County, dated December 19, 2005, pending hearing and determination of an appeal therefrom, and to enlarge the time to perfect the appeal to December 31, 2006.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay enforcement of the order is granted, and enforcement of the order dated December 19, 2005, is stayed pending hearing and determination of the appeal on condition that (1) the appeal is perfected on or before April 17, 2006, and (2) the appellants do not convey or encumber any interest in the subject premises pending hearing and determination of the appeal; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 17, 2006, or the appellants convey or encumber any interest in the subject premises pending hearing and determination of the appeal, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
KRAUSMAN, J.P., LUCIANO, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court