Board of Managers of Wharfside Condominium v Nehrich
Motion No: 2009-04175
Slip Opinion No: 2009 NY Slip Op 88520(U)
Decided on November 13, 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

M94410

E/sl

STEVEN W. FISHER, J.P.

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2009-04175, 2009-08812

Board of Managers of Wharfside Condominium,

appellant, v Paul Nehrich, et al., respondents.

(Index No. 21132/08)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Supreme Court, Nassau County, entered April 1, 2009, and an order of the same court dated July 31, 2009, to stay all proceedings in the above-entitled action, including but not limited to a certification conference directed by an order of the same court dated September 17, 2009, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, and all proceedings in the above-entitled action, including but not limited to a certification conference directed by an order of the same court dated September 17, 2009, are stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before December 28, 2009; and it is further,

ORDERED that in the event the appeals are not perfected on or before December 28, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

FISHER, J.P., ANGIOLILLO, LOTT and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court