Siamos v 36-02 35th Avenue Development, LLC
Motion No: 2008-02374
Slip Opinion No: 2008 NYSlipOp 67753(U)
Decided on March 27, 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

M68168

E/sl

PETER B. SKELOS, J.P.

DAVID S. RITTER

MARK C. DILLON

CHERYL E. CHAMBERS, JJ.

2008-02374

Constantinos Siamos, et al., appellants,

v 36-02 35th Avenue Development, LLC,

respondent.

(Index No. 12681/07)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of so much of an order of the Supreme Court, Queens County, dated December 20, 2007, as granted that branch of the respondent's motion which was for an award of an attorney's fee, pending hearing and determination of an appeal from the order.

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 so much of the order dated December 20, 2007, as granted that branch of the respondent's motion which was for an award of an attorney's fee is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 28, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 28, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

SKELOS, J.P., RITTER, DILLON and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court