Matter of Pring v Kensico Cemetery
Motion No: 2008-00876
Slip Opinion No: 2008 NYSlipOp 64265(U)
Decided on February 21, 2008
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

M66475

E/sl

HOWARD MILLER, J.P.

JOSEPH COVELLO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2008-00876

Kenneth Pring, petitioner-respondent,

v Kensico Cemetery, respondent,

Julia Anne Marsh, et al., appellants.

(Index No. 07-25184)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Westchester County, entered January 18, 2008, pending hearing and determination of an appeal therefrom.

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 enforcement of the order entered January 18, 2008, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 24, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 24, 2008, the court, on its own motion, may vacate the stay, or the petitioner-respondent may move to vacate the stay, on three days notice.

MILLER, J.P., COVELLO, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court