| Modern Art Services, Ltd. v OCA Long Island City, LLC |
| Motion No: 2010-09005 |
| Slip Opinion No: 2010 NY Slip Op 84218(U) |
| Decided on October 6, 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
M109237
E/ct
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2010-09005 Modern Art Services, Ltd., et al., respondents, v OCA Long Island City, LLC, appellant. (Index No. 9276/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated August 26, 2010, and all proceedings in the above-entitled action, including the trial, 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 to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 5, 2010, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 5, 2010, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
RIVERA, J.P., ANGIOLILLO, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court