| Cole-Hatchard v Nicholson |
| Motion No: 2009-08598 |
| Slip Opinion No: 2009 NY Slip Op 85237(U) |
| Decided on October 7, 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
M92883
E/sl
STEVEN W. FISHER, J.P.
JOSEPH COVELLO
THOMAS A. DICKERSON
PLUMMER E. LOTT, JJ.
|
2009-08598 Ann Cole-Hatchard, et al., appellants, v James Nicholson, et al., defendants; Lee Richards, etc., nonparty-respondents. (Index No. 09-1521)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Rockland County, dated August 31, 2009, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appellants (1) perfect the appeal on or before November 6, 2009, and (2) take no action to enforce a judgment filed in the Rockland County Clerk's office on February 20, 2009, in the principal sum of $931,724; and it is further,
ORDERED that in the event the appellants do not comply with the foregoing conditions, the court, on its own motion, may vacate the stay, or the nonparty-respondent may move to vacate the stay, on three days notice.
FISHER, J.P., COVELLO, DICKERSON and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court