Xand Corporation v Reliable System Alternatives Corporat
Motion No: 2006-05285
Slip Opinion No: 2006 NYSlipOp 71882(U)
Decided on July 12, 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

M41996

S/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

PETER B. SKELOS

MARK C. DILLON, JJ.

2006-05285

Xand Corporation, appellant, v Reliable System

Alternatives Corporation, respondent.

(Index No. 03-14915)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Westchester County, dated May 8, 2006, to stay enforcement of the order, and to stay the inquest on the defendant's counterclaim, 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 it is further,

ORDERED that enforcement of the order dated May 8, 2006, and the inquest on the defendant's counterclaim are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 14, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 14, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

ADAMS, J.P., RITTER, GOLDSTEIN, SKELOS and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court