| Toobe v Scarlato |
| Motion No: 2007-03533 |
| Slip Opinion No: 2007 NYSlipOp 69656(U) |
| Decided on May 17, 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. |
Appellate Division: Second Judicial Department
M54711
E/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2007-03533 Meytal Toobe, appellant, v Theresa Scarlato, respondent. (Index No. 13566/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated February 26, 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 to the extent that the release of the down payment held in escrow by Sheldon H. Kronen, Esq., is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 18, 2007, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before June 18, 2007, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
MILLER, J.P., MASTRO, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court