| Salerno v Odoardi |
| Motion No: 2006-04040 +1 |
| Slip Opinion No: 2006 NYSlipOp 73733(U) |
| Decided on August 15, 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
M43299
E/mv
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2006-04040, 2006-07557
Ernest Salerno, respondent, v Livio Odoardi, et al., appellants.
(Index No. 8702/05)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Westchester County, entered March 16, 2006, to stay enforcement of a judgment of the same court dated April 24, 2006, 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 on the court's own motion, the notice of appeal from the order is deemed also to be a notice of appeal from the judgment (see CPLR 5501[c]); and it is further,
ORDERED that the motion is denied without prejudice to the appellants obtaining a stay of enforcement of the judgment pursuant to CPLR 5519(a)(2).
KRAUSMAN, J.P., GOLDSTEIN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court