| Almeida v Wells |
| Motion No: 2009-03079 |
| Slip Opinion No: 2009 NY Slip Op 70795(U) |
| Decided on April 29, 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
M85951
E/cb
ROBERT A. SPOLZINO, J.P.
JOSEPH COVELLO
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON, JJ.
|
2009-03079 Ines Almeida, respondent, v Wendy Wells, appellant, et al., defendants. (Index No. 17526/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, entered March 5, 2009, as well as all proceedings in the above-entitled action, pending hearing and determination of an appeal from the order.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and enforcement of the order as well as all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appellant (1) perfect the appeal on or before May 29, 2009, and (2) refrain from interfering with the respondent's access to or use of High Street; and it is further,
ORDERED that in the event the appellant fails to comply with the foregoing conditions, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
SPOLZINO, J.P., COVELLO, ANGIOLILLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court