Lazy S Group I v Gomez
Motion No: 2008-08770
Slip Opinion No: 2008 NYSlipOp 89894(U)
Decided on November 21, 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

M78830

E/sl

ROBERT A. SPOLZINO, J.P.

MARK C. DILLON

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

2008-08770

Lazy S Group I, appellant,

v Kathryn Gomez, et al., respondents.

(Index No. 05-7563)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, entered August 20, 2008, pending hearing and determination of an appeal from the order.

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 sale of the subject premises is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 22, 2008, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 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.

SPOLZINO, J.P., DILLON, CARNI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court