| Posh Ny Inc. v Lobern Dev. Co., LLC |
| Motion No: 2009-02133 nc |
| Slip Opinion No: 2010 NY Slip Op 86492(U) |
| Decided on October 20, 2010 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
MELVYN TANENBAUM
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Posh NY Inc., Respondent, v Lobern Development Company, LLC, Appellant. |
Motion by appellant on an appeal from an order of the District Court of Nassau County, Third District, dated June 24, 2009, to stay enforcement of a judgment of the same court entered October 14, 2009 pending the determination of the appeal, and to vacate the restraining notice levied against appellant's account at Capital One Bank.
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 is stayed pending the determination of the appeal on condition that within 10 days from the date of this decision and order appellant deposit with the District Court the sum of $15,361.86 as an undertaking, with proof of the deposit to be filed with this court one business day after such deposit. Upon the making of such deposit, the restraining notice on defendant's bank account is vacated.
In the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.
ENTER:
Paul Kenny
Chief Clerk