Mercaldo v Navarro
Motion No: 2007-05757
Slip Opinion No: 2007 NYSlipOp 74386(U)
Decided on July 26, 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

M57634

E/mv

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2007-05757

James Mercaldo, plaintiff, v Luciano A. Navarro,

defendant; Vincent Longobardi, et al., nonparty-

appellants; Deborah Navarro, nonparty-respondent.

(Index No. 14549/91)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellants to stay the transfer or encumberance of the respondent's interest in certain real property located at 8523 11th Avenue, Brooklyn, New York, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated May 11, 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 the transfer or encumberance of the respondent's interest in the real property located at 8523 11th Avenue, Brooklyn, New York, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 24, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 24, 2007, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

RIVERA, J.P., COVELLO, McCARTHY and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court