Hearst v Hearst
Motion No: 2007-05845
Slip Opinion No: 2007 NYSlipOp 74882(U)
Decided on August 3, 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

M58001

E/mv

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-05845

John Randolph Hearst, Jr., appellant, v

Barbara Hearst, et al., respondents, et al.,

defendants.

(Index No. 06-01959)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Suffolk County, entered May 23, 2007, pending hearing and determination of an appeal from the judgment.

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 cancellation of the notices of pendency filed against 122 Lopers Path, Water Mill, and 142 Lopers Path, Water Mill, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 5, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 5, 2007, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

RIVERA, J.P., RITTER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court