| Christian v Graham |
| Motion No: 2009-07032 |
| Slip Opinion No: 2009 NY Slip Op 80617(U) |
| Decided on August 14, 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
M90870
E/sl
MARK C. DILLON, J.P.
JOSEPH COVELLO
DANIEL D. ANGIOLILLO
LEONARD B. AUSTIN, JJ.
|
2009-07032 Veronica Christian, appellant, v Joshua Samuel Graham, respondent, et al., defendant. (Index No. 2759/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, entered June 26, 2009, to stay the respondent from evicting her and her family from the subject apartment, and from selling, transferring, conveying, encumbering, or hypothecating the three subject premises pending hearing and determination of the appeal, and to extend or reinstate the three subject notices of pendency filed against the subject properties.
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 respondent is stayed from evicting the appellant and her family from the subject apartment, and from selling, transferring, conveying, encumbering, or hypothecating the three subject premises, located at 2294 Atlantic Avenue Brooklyn, 308 Van Siclen Avenue, and 510 Chestnut Street, Brooklyn, pending hearing and determination of the appeal, and the respondent is stayed from causing the three notices of pendency filed against the subject properties to be cancelled, in the event that they have not yet been cancelled, and the Kings County Clerk is stayed from cancelling the three subject notices of pendency filed against the subject properties, in the event that they have not yet been cancelled, pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 14, 2009, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 14, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
DILLON, J.P., COVELLO, ANGIOLILLO and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court