| Jankoff Joint Venture II, LLC v Bayside Fuel Oil Corp. |
| Motion No: 2009-10609 |
| Slip Opinion No: 2010 NY Slip Op 60673(U) |
| Decided on January 12, 2010 |
| 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
M97153
E/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2009-10609 Jankoff Joint Venture II, LLC, respondent, v Bayside Fuel Oil Corp., appellant, et al., defendants. (Index No. 21871/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to confirm that an automatic stay pursuant to CPLR 5519(a) is in effect, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated September 18, 2009, or, in effect, pursuant to CPLR 5519(c) to stay enforcement of the order pending hearing and determination of an appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to confirm that an automatic stay pursuant to CPLR 5519(a) is in effect, is denied; and it is further,
ORDERED that the branch of the motion which is pursuant to CPLR 5519(c) to stay enforcement of the order is granted, and enforcement of the order is stayed pursuant to CPLR 5519(c) pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 11, 2010; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 11, 2010, 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., FLORIO, AUSTIN and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court