Vasilios Corporation v Dunlap
Motion No: 2008-02320
Slip Opinion No: 2008 NYSlipOp 67758(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

M68167

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2008-02320

Vasilios Corporation, respondent,

v Walter Dunlap, etc., et al., appellants,

et al., defendants.

(Index No. 33657/05)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated December 13, 2007, to stay enforcement of a judgment of the same court entered September 18, 2007, pending hearing and determination of the 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 the judgment entered September 18, 2007, is stayed pending hearing and determination of the appeal from the order dated December 13, 2007, 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., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court