| Buske v Gannon |
| Motion No: 2009-09815 |
| Slip Opinion No: 2010 NY Slip Op 67003(U) |
| Decided on March 30, 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
M100599
E/sl
A. GAIL PRUDENTI, P.J.
STEVEN W. FISHER
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2009-09815, 2010-02204 Jonathan J. Buske, respondent, v Mary P. Gannon, appellant, et al., defendants. (Index No. 05-12697)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay Theodore Brundage from disbursing any part of the sum of $28,125.47, which he holds as referee, pending hearing and determination of appeals from an order of the Supreme Court, Westchester County, entered October 1, 2009, and a judgment of the same court dated February 9, 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 Theodore Brundage is stayed from disbursing any part of the sum of $28,125.47, which he holds as referee, pending hearing and determination of the appeals on condition that the appeals are perfected on or before April 29, 2010; and it is further,
ORDERED that in the event the appeals are not perfected on or before April 29, 2010, the court, on its own motion, may vacate the stay, or the respondent 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