| Cicorelli v Hickey's Carting, Inc. |
| Motion No: 2009-02708 |
| Slip Opinion No: 2009 NYSlipOp 69814(U) |
| Decided on April 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. |
Appellate Division: Second Judicial Department
M85351
E/cb
WILLIAM F. MASTRO, J.P.
HOWARD MILLER
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2009-02708 DECISION & ORDER ON MOTION Patrick Cicorelli, respondent, v Hickey's Carting, Inc., et al., defendants; Empire State Properties, nonparty-appellant. (Index No. 16310/07)
|
Motion by the appellant to stay the resale of the subject premises and disbursement of the bid deposit, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated February 11, 2009.
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 resale of the subject premises is denied; and it is further,
ORDERED that the branch of the motion which is to stay the disbursement of the bid deposit is granted and disbursement of the bid deposit is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 18, 2009; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 18, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
MASTRO, J.P., MILLER, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court