Bodek v Appell
Motion No: 2006-08118
Slip Opinion No: 2006 NYSlipOp 75496(U)
Decided on September 13, 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

M44386

O/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

MARK C. DILLON, JJ.

2006-08118

Eron Bodek, respondent, v David Appell,

et al., defendants, Erasmo Taveras, appellant.

(Index No. 5032/05)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay enforcement of an order of the Supreme Court, Kings County, dated July 25, 2006, pending hearing and determination of an appeal therefrom.

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 enforcement of the order dated July 25, 2006, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 13, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 13, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

MILLER, J.P., GOLDSTEIN, MASTRO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court