Matter of S. (Anonymous), Antoine
Motion No: 2009-07981
Slip Opinion No: 2009 NY Slip Op 85430(U)
Decided on October 8, 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

M92935

E/sl

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN, JJ.

2009-07981

In the Matter of Antoine S. (Anonymous).

Roger S. (Anonymous), appellant-respondent;

Jack S. (Anonymous), respondent-appellant;

Chuck S. (Anonymous), et al., respondents.

(Index No. 10324/05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, entered July 22, 2009, (1) in effect, to stay the respondents Chuck S. and Jack S. from transferring, encumbering, or disposing of any assets belonging to Antoine S. which are in their possession, (2) to stay all proceedings in any action pending in the Civil Court of the City of New York, concerning the property located at 441-443 Bay Ridge Avenue, Brooklyn, including the actions pending under L & T index Nos. 102031/05 and 103042/05, and (3) to stay enforcement of the order entered July 22, 2009, pending hearing and determination of the appeal.

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 pending hearing and determination of the appeal, (1) the respondents Chuck S. and Jack S. are stayed from transferring, encumbering, or disposing of any assets belonging to Antoine S. which are in their possession, (2) all proceedings in any action pending in the Civil Court of the City of New York, concerning the property located at 441-443 Bay Ridge Avenue, Brooklyn, including the actions pending under L & T index Nos. 102031/05 and 103042/05, are stayed, and (3) enforcement of the order entered July 22, 2009, is stayed, on condition that the appeal is perfected on or before November 9, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 9, 2009, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

MASTRO, J.P., MILLER, ANGIOLILLO and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court