| Vardaris Tech, Inc. v Paleros, Inc., d/b/a Grand Cafe |
| Motion No: 2007-04055 |
| Slip Opinion No: 2007 NYSlipOp 70091(U) |
| Decided on May 24, 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
M54999
E/sl
ROBERT A. SPOLZINO, J.P.
DAVID S. RITTER
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON, JJ.
|
2007-04055 Vardaris Tech, Inc., plaintiff/counterclaim defendant-respondent, v Paleros, Inc., d/b/a Grand Cafe defendant/counterclaim plaintiff- appellant; Elias Rizos, counterclaim defendant-respondent. (Index No. 3724/06)
| DECISION & ORDER ON MOTION |
Motion by the defendant/counterclaim plaintiff-appellant to stay enforcement of an order of the Supreme Court, Queens County, dated April 30, 2007, pending hearing and determination of an appeal therefrom and for a preference in the calendaring 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 to stay enforcement of the order dated April 30, 2007, is granted and enforcement of the order dated April 30, 2007, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 22, 2007; and it is further,
ORDERED that in the event the appeal is not perfected on or before June 22, 2007, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,
ORDERED the branch of the motion which is for a preference in the calendaring of the appeal is denied.
SPOLZINO, J.P., RITTER, ANGIOLILLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court