Cochran Investment Company, Inc. v Jackson
Motion No: 2006-04903
Slip Opinion No: 2006 NYSlipOp 78821(U)
Decided on October 31, 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

M46339

E/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-04903

Cochran Investment Company, Inc., respondent,

v Robert S. Jackson, et al., defendants, Theresa

Jackson, appellant.

(Index No. 4167/05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated April 20, 2006, to stay the foreclosure sale in the above-entitled action and any proceedings to evict her from the subject premises 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 the foreclosure sale in the above-entitled action and any proceedings to evict the appellant from the subject premises are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 30, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 30, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

RITTER, J.P., SANTUCCI, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court