Navarette v Alexiades
Motion No: 2010-03170
Slip Opinion No: 2010 NY Slip Op 73749(U)
Decided on June 9, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M104005

E/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

THOMAS A. DICKERSON

JOHN M. LEVENTHAL, JJ.

2010-03170, 2010-04738

Jorge Navarette, etc., et al., respondents,

v Michael Alexiades, etc., et al., appellants.

(Index No. 14132/99)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from an order of the Supreme Court, Queens County, entered March 4, 2010 (Appellate Division Docket No. 2010-03170) and a judgment of the same court entered March 29, 2010 (Appellate Division Docket No. 2010-04738), to vacate all restraining orders previously issued with respect to the judgment and, to stay enforcement of the judgment pending hearing and determination of the appeals

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, and all restraining orders previously issued with respect to the judgment entered March 29, 2010 (Appellate Division Docket No. 2010-04738), are vacated and enforcement of the judgment entered March 29, 2010, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before September 9, 2010; and it is further,

ORDERED that in the event the appeals are not perfected on or before September 9, 2010, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

SKELOS, J.P., SANTUCCI, DICKERSON and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court