| Jian Zheng v Evans |
| Motion No: 2008-07667 |
| Slip Opinion No: 2008 NYSlipOp 83668(U) |
| Decided on September 22, 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
M76097
E/sl
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
WILLIAM E. McCARTHY
CHERYL E. CHAMBERS, JJ.
|
2008-07667 Jian Zheng, et al., appellants, v Angel Evans, et al., respondents. (Index No. 11474/07)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay David Yan, Esq., escrow agent, from releasing a down payment in the sum of $30,000, concerning a contract for the sale of real property located at 69-48 Loubet Street, Forest Hills, New York, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated July 29, 2008.
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 David Yan, Esq., escrow agent, is stayed from releasing the down payment in the sum of $30,000, concerning the contract for the sale of real property located at 69-48 Loubet Street, Forest Hills, New York, pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 22, 2008; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 22, 2008, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
PRUDENTI, P.J., SANTUCCI, McCARTHY and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court