| Fleet Mechanical Service Corp. v Romaz Properties, Ltd. |
| Motion No: 2008-00154 |
| Slip Opinion No: 2008 NYSlipOp 68575(U) |
| Decided on April 7, 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. |
Appellate Division: Second Judicial Department
M68722
E/sl
HOWARD MILLER, J.P.
MARK C. DILLON
RUTH C. BALKIN
WILLIAM E. McCARTHY, JJ.
|
2008-00154 Fleet Mechanical Service Corp., respondent, v Romaz Properties, Ltd., appellant. (Index No. 25387/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated November 1, 2007, to stay enforcement of a judgment of the same court entered May 1, 2007, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the respondent and all those acting on its behalf, including the Sheriff or Marshall of the City of New York, are stayed from removing any funds from the appellant's bank accounts that have been restrained or that will be restrained, pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 7, 2008, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 7, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
MILLER, J.P., DILLON, BALKIN and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court