| Rise Leasing Systems, Inc. v LMR Services Corp. |
| Motion No: 2007-09183 |
| Slip Opinion No: 2007 NYSlipOp 82091(U) |
| Decided on October 25, 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
M61624
E/sl
ROBERT A. SPOLZINO, J.P.
GABRIEL M. KRAUSMAN
EDWARD D. CARNI
THOMAS A. DICKERSON, JJ.
|
2007-09183 Rise Leasing Systems, Inc., appellant, v LMR Services Corp., et al., respondents. (Index No. 5196/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated September 20, 2007, inter alia, to stay enforcement of so much of the order as directed the Sheriff to deliver to the respondents possession of two 2004 J&J aluminum dump trailers, serial numbers 1S92A34394M006137 and 1S92A34394M006138, respectively, a 2002 Hill aluminum dump trailer, serial number 1H9DKK1D521322017, a 2003 Kenilworth Model T-800 truck, serial number 1NKDXUTX93J385861, with attached 2003 American 75,000 lbs. roll-off hoist, a 2005 Kenilworth Tractor Model 900, serial number 1XKWDBOX65JI05462, and two 28-foot Benson dump trailers, serial numbers 5DMDSCC74M000130 and 5DMDSACC95M00073, respectively, and to stay enforcement of an order of the same court dated June 25, 2007, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to stay enforcement of so much of the order dated September 20, 2007, as directed the Sheriff to deliver possession of two 2004 J&J aluminum dump trailers, serial numbers 1S92A34394M006137 and 1S92A34394M006138, respectively, a new 2002 J&J aluminum dump trailer, serial number 1H9DKK1D521322017, a new Kenilworth Model T-800, serial number 1NKDXUTX93J385861, with attached 2003 American 75,000 lbs. roll-off hoist, a new Kenilworth Model 900, serial number 1XKWDBOX65JI05462, and two 28-foot Benson dump trailers, serial numbers 5DMDSCC74M000130 and 5DMDSACC95M00073, respectively, and to stay enforcement of the order dated June 25, 2007, is granted, and enforcement of the above-referenced portions of the order dated September 20, 2007, and the order dated June 25, 2007, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 26, 2007; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 26, 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 that the motion is otherwise denied.
SPOLZINO, J.P., KRAUSMAN, CARNI and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court