F&T Management & Parking Corp. v Flushing Plumbing
Motion No: 2009-01499
Slip Opinion No: 2009 NYSlipOp 66625(U)
Decided on March 16, 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

M83857

E/nl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2009-01499

F & T Management & Parking Corp., appellant,

v Flushing Plumbing Supply Co., Inc., et al.,

respondents, et al., defendants.

(Index No. 1904/08)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Queens County, entered January 29, 2009, and to stay the transfer, encumbrance, mortgage, pledge, lease, or any other transfer of any interest or estate of the subject premises 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 branch of the motion which is to stay the transfer, encumbrance, mortgage, pledge, lease, or any other transfer of any interest or estate of the subject premises is granted to the extent that the transfer of the real property identified as Block 4972, Lots 10, 20, and 22, in the County of Queens is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 15, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 15, 2009, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., ANGIOLILLO, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court