Sycamore Realty Corp. v Matone
Motion No: 2006-06911
Slip Opinion No: 2006 NYSlipOp 80188(U)
Decided on November 17, 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

M46900

A/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2006-06911

Sycamore Realty Corp., et al., plaintiffs,

James K. Noonan, appellant, v John Matone,

et al., respondents

(and another action).

(Index No. 15956/05)

DECISION & ORDER ON MOTION

Motion by James K. Noonan for leave to appeal to this court from an order of the Supreme Court, Kings County, dated April 25, 2006, and to stay enforcement of the order 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 branch of the motion which is for leave to appeal to this court is granted; and it is further,

ORDERED that the branch of the motion which to stay enforcement of the order is granted and enforcement of the order dated April 25, 2006, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 18, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 18, 2006, 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