| Gapihan v Hemmings |
| Motion No: 2010-02075 |
| Slip Opinion No: 2010 NY Slip Op 66852(U) |
| Decided on March 29, 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
M100535
E/sl
A. GAIL PRUDENTI, P.J.
STEVEN W. FISHER
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2010-02075 Grace Hemmings Gapihan, appellant, v Thomas H. Hemmings, et al., respondents. (Index No. 39036/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the sale of the subject premises, including the advertisement and execution of any contract of sale, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated February 1, 2010.
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 the sale of the subject premises located at 399 Cornelia Street, Brooklyn, including the advertisement and execution of any contract of sale, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 28, 2010; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 28, 2010, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
PRUDENTI, P.J., FISHER, ROMAN and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court