| Lane v Smith |
| Motion No: 2009-10034 |
| Slip Opinion No: 2010 NY Slip Op 80816(U) |
| Decided on August 26, 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
M107531
S/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2009-10034, 2010-05385 James Lane, respondent, v Willie Smith, Jr., et al., appellants.
(Index No. 15773/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from an order of the Supreme Court, Queens County, dated September 11, 2009, and a judgment of the same court entered March 26, 2010, 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 opposition thereto, it is
ORDERED that the motion is granted and enforcement of the judgment entered March 26, 2010, is stayed pending hearing and determination of the appeals on condition that the appeal from the judgment (Appellate Division Docket No. 2010-05385) is perfected on or before September 24, 2010; and it is further,
ORDERED that in the event the appeal from the judgment is not perfected on or before September 24, 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., FLORIO, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court