McHenry v San Miguel
Motion No: 2007-10052
Slip Opinion No: 2008 NYSlipOp 79742(U)
Decided on August 11, 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

M74253

E/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2007-10052

Thomas McHenry, respondent,

v Robert San Miguel, appellant,

et al., defendant.

(Index No. 1995/99)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated September 10, 2007, to stay enforcement of a judgment of the same court entered August 8, 2006, and to lift the restraining order that the respondent placed against his bank accounts pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted, and enforcement of the judgment entered August 8, 2006, is stayed and the restraining order that the respondent placed against the appellant's bank accounts is lifted pending hearing and determination of the appeal.

SANTUCCI, J.P., MILLER, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court