| Talon Air, Inc. v Madden |
| Motion No: 2010-05063 |
| Slip Opinion No: 2010 NY Slip Op 76012(U) |
| Decided on July 1, 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
M105083
E/sl
HOWARD MILLER, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2010-05063, 2010-06253 Talon Air, Inc., respondent, v Kevin Francis Madden, appellant. (Index No. 14120/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Nassau County, dated May 13, 2010, pending hearing and determination of an appeal from an order of the same court entered April 7, 2010.
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, the notice of appeal from the order entered April 7, 2010, is deemed also to be a notice of appeal from the judgment dated May 13, 2010 (see CPLR 5501[c]); and it is further,
ORDERED that the motion is granted to the extent that enforcement of the judgment is stayed pending hearing and determination of the appeals from the order and the judgment on condition that the appeals are perfected on or before August 2, 2010, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeals are not perfected on or before August 2, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
MILLER, J.P., HALL, AUSTIN and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court