| Option One Mortgage Corp. v Corman |
| Motion No: 2006-10075 |
| Slip Opinion No: 2006 NYSlipOp 79856(U) |
| Decided on November 14, 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
M46892
O/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2006-10075 Option One Mortgage Corp., plaintiff-respondent, v Leonard T. Corman, et al., appellants; Aaron Vignogna, nonparty-respondent. (Index No. 5386/05)
| DECISION & ORDER ON MOTION |
Motion by the appellants, in effect, to enjoin the plaintiff-respondent, or anyone acting on its behalf, from transferring title to the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Dutchess County, dated October 17, 2006.
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 pending hearing and determination of the appeal the plaintiff-respondent, or anyone acting on its behalf, is enjoined from transferring title to the subject premises on condition that (1) the appeal is perfected on or before December 15, 2006, and (2) the appellants continue to comply with the terms of the stipulation entered into with the plaintiff-respondent on November 1, 2006; and it is further,
ORDERED that in the event the appellants fail to comply with the above conditions, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay on three days notice.
RITTER, J.P., GOLDSTEIN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court