| Springside Land Company, LLC v Board of Managers of S |
| Motion No: 2007-09119 |
| Slip Opinion No: 2007 NYSlipOp 84034(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. |
Appellate Division: Second Judicial Department
M62459
E/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
FRED T. SANTUCCI
ROBERT A. LIFSON, JJ.
|
2007-09119 Springside Land Company, LLC, respondent- appellant, v Board of Managers of Springside Condominium I, appellant-respondent. (Action No. 1) Board of Managers of Springside Condominium I, appellant-respondent, v Springside Land Company, respondent-appellant. (Action No. 2) (Index Nos. 2451/07, 2808/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Dutchess County, dated September 25, 2007, to stay (1) enforcement of so much of the order as vacated all existing liens for unpaid common charges filed against the subject 32 unsold units, (2) the vacatur of a certain notice of pendency dated May 2, 2007, and (3), in effect, enforcement of any judgment entered on the order, pending hearing and determination of the appeal and cross appeal, and for leave to consolidate two notices of appeal and cross appeal filed from the order.
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 for a stay is granted, and (1) enforcement of so much of the order as vacated all existing liens for unpaid common charges filed against the subject 32 unsold units, (2) the vacatur of a certain notice of pendency dated May 2, 2007, and (3) enforcement of any judgment entered on the order, are stayed pending hearing and determination of the appeal and cross appeal on condition that the appellant-respondent perfects the appeal on or before December 19, 2007; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 19, 2007, the court, on its own motion, may vacate the stay, or the respondent-appellant may move to vacate the stay on three days notice; and it is further,
ORDERED that the branch of the motion which is for leave to consolidate the notices of appeal and cross appeal is denied as unnecessary.
PRUDENTI, P.J., MASTRO, SANTUCCI and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court