361 Myrtle Realty, LLC v Miller Family Partnership
Motion No: 2007-01571
Slip Opinion No: 2007 NYSlipOp 64321(U)
Decided on March 2, 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

M51534

E/sl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-01571

361 Myrtle Realty, LLC, plaintiff-respondent,

v Miller Family Partnership, et al., appellants,

Rosa Taveras, defendant-respondent.

(Index No. 17439/06)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Kings County, dated February 14, 2007, and to stay transfer of title to 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 enforcement of the order dated February 14, 2007, and transfer of title to the subject premises are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 4, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 4, 2007, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

PRUDENTI, P.J., FISHER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court