NYCTL 2004-A Trust v Fulton Street Holding Corporatio
Motion No: 2007-01128
Slip Opinion No: 2007 NYSlipOp 63891(U)
Decided on February 27, 2007
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

M51167

E/sl

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-01128

NYCTL 2004-A Trust, respondent,

v Fulton Street Holding Corporation,

appellant, et al., defendants.

(Index No. 19831/05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 16, 2007.

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 all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 30, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 30, 2007, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

MASTRO, J.P., FLORIO, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court