Gold v 29-15 Queens Plaza Realty LLC
Motion No: 2006-06115
Slip Opinion No: 2006 NYSlipOp 72461(U)
Decided on July 21, 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

M42376

O/nl

ANITA R. FLORIO, J.P.

ROBERT A. SPOLZINO

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2006-06115

Moishe Gold, et al., respondents,

v 29-15 Queens Plaza Realty, LLC,

appellant.

(Index No. 18613/05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated June 14, 2006, pending hearing and determination of an appeal therefrom. Application by the respondents to dismiss the appeal.

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

ORDERED that the motion is granted and enforcement of the order dated June 14, 2006, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 21, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 21, 2006, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the application is denied.

FLORIO, J.P., SPOLZINO, SKELOS and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court