| D'Argenio v Ashland Building, LLC |
| Motion No: 2009-09508 |
| Slip Opinion No: 2009 NY Slip Op 92343(U) |
| Decided on December 23, 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
M96441
E/sl
RUTH C. BALKIN, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2009-09508, 2009-11193 Dominick D'Argenio III, et al., appellants, v Ashland Building, LLC, respondent. (Index No. 101664/06)
| DECISION & ORDER ON MOTION |
Motion by the appellants, in effect, to stay enforcement of a judgment of the Supreme Court, Richmond County, dated December 10, 2009, pending hearing and determination of an appeal from the judgment as well as an appeal from an order of the same court dated September 4, 2009.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, a notice of appeal from a decision of the Supreme Court, Richmond County, dated November 10, 2009, is deemed to be a premature notice of appeal from the judgment dated December 10, 2009 (see CPLR 5520[c]); and it is further,
ORDERED that the motion is granted, and enforcement of the judgment is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before January 22, 2010; and it is further,
ORDERED that in the event the appeals are not perfected on or before January 22, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
BALKIN, J.P., DICKERSON, LEVENTHAL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court