Richard Burke et v John Aspland

Motion No: 504327

Slip Opinion No: 2008 NYSlipOp 70028(U)

Decided on April 11, 2008

Appellate Division, Third 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.

Decided and Entered: April 11, 2008

Case # 504327

RICHARD BURKE et al., Appellants, v JOHN ASPLAND, Respondent.

DECISION AND ORDER ON MOTION

Motion for stay pending appeal.

Cross motion for order of contempt and/or sanctions.

Upon the papers filed in support of the motion and cross motion and the papers filed in opposition to the motion, it is

ORDERED that the motion for a stay pending appeal is granted, without costs, and without prejudice to a motion to vacate the stay in the event appellants fail to file and serve their record on appeal and brief on or before June 10, 2008, and it is further

ORDERED that appellants shall not sell, transfer or encumber their real property located at 90 Hall Road in the Town of Queensbury, New York pending this appeal, and it is further

ORDERED that the cross motion is denied, without costs.
MERCURE, J.P., PETERS, ROSE, KANE and MALONE JR., JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court