Begum v Kallon
Motion No: 2009-09844
Slip Opinion No: 2009 NY Slip Op 89088(U)
Decided on November 19, 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

M94650

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2009-09844, 2009-9846

Rokeya Begum, et al., plaintiffs-respondents,

v Jenneh M. Kallon, defendants-respondents;

Accredited Home Lenders, Inc., nonparty-

appellant.

(Index No. 30137/02)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant, inter alia, to stay the parties from selling, encumbering, or leasing the subject premises pending hearing and determination of appeals from two orders of the Supreme Court, Queens County, entered July 25, 2008, and October 1, 2009, respectively.

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 proceeds from the sale of the subject real property shall be placed in escrow with John Petiton, the attorney for Rokeya Begum and Refad Beparty, on condition that the appeals are perfected on or before December 21, 2009, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeals are not perfected on or before December 21, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

SKELOS, J.P., ENG, BELEN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court