DeRosa v DeRosa
Motion No: 2007-07439
Slip Opinion No: 2007 NYSlipOp 83994(U)
Decided on November 20, 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

M62463

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

FRED T. SANTUCCI

ROBERT A. LIFSON, JJ.

2007-07439

Thomas DeRosa, appellant,

v Josephine DeRrosa, respondent.

(Index No. 28853/06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the cancellation of a notice of pendency dated September 22, 2006, filed against the subject property, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated July 13, 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 cancellation of the notice of pendency dated September 22, 2006, filed against the subject property, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 20, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 20, 2007, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

PRUDENTI, P.J., MASTRO, SANTUCCI and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court