| Assael v 15 Broad Street, LLC |
| Motion No: 2010-06357 |
| Slip Opinion No: 2010 NY Slip Op 77433(U) |
| Decided on July 21, 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
M105952
E/ct
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
THOMAS A. DICKERSON
ARIEL E. BELEN
SHERI S. ROMAN, JJ.
|
2010-06357 Ivan Assael, appellant, v 15 Broad Street, LLC, respondent. (Index No. 33384/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Kings County, dated June 21, 2010, as directed the discharge of a certain bond issued by Fidelity and Deposit Company of Maryland, dated January 21, 2009, pending hearing and determination of an appeal from the order.
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 enforcement of so much of the order as directed the discharge of the bond issued by Fidelity and Deposit Company of Maryland, dated January 21, 2009, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 23, 2010; and it is further,
ORDERED that in the event the appellant fails to perfect the appeal on or before August 23, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the appellant shall refrain from collecting on the bond pending hearing and determination of the appeal.
RIVERA, J.P., FLORIO, DICKERSON, BELEN and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court