KB Operating, LLC, d/b/a India Cafe & Grill v Brig
Motion No: 2008-03002
Slip Opinion No: 2008 NYSlipOp 69951(U)
Decided on April 24, 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

M69421

T/cb

ROBERT A. LIFSON, J.P.

DAVID S. RITTER

MARK C. DILLON

JOHN M. LEVENTHAL, JJ.

2008-03002

KB Operating, LLC, d/b/a India Cafe & Grill,

respondent, v Margaret W. Briggs, et al.,

appellants.

(Index No. 05-03063)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Westchester County, entered March 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 is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 22, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 22, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

LIFSON, J.P., RITTER, DILLON and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court