Kun v Fulop
Motion No: 2009-00351
Slip Opinion No: 2009 NYSlipOp 63526(U)
Decided on February 13, 2009
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

M82492

E/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

JOSEPH COVELLO

RANDALL T. ENG, JJ.

2009-00351

Michelle Kun, appellant,

v Jacqueline Fulop, et al., respondents.

(Index No. 3709/07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Nassau County, entered December 12, 2008, pending hearing and determination of an appeal therefrom, pursuant to CPLR 5519(a)(6) upon the court fixing an undertaking or, in the alternative, pursuant to CPLR 5519(c).

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

ORDERED that the branch of the motion which is to stay enforcement of the judgment entered December 12, 2008, pursuant to CPLR 5519(a)(6) is denied without prejudice to seeking this relief in the Supreme Court, Nassau County; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the judgment entered December 12, 2008, pursuant to CPLR 5519(c) is denied.

RITTER, J.P., SANTUCCI, COVELLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court