| ABM Resources Corp. v Doraben, Inc. |
| Motion No: 2010-10445 |
| Slip Opinion No: 2010 NY Slip Op 88948(U) |
| Decided on November 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
M111575
E/sl
JOSEPH COVELLO, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
ARIEL E. BELEN, JJ.
|
2010-10445 ABM Resources Corp., et al., respondents, v Doraben, Inc., et al., defendants; Residential Funding Corporation, nonparty-appellant. (Index No. 39971/06)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant to stay the respondents and its attorneys or agents from taking any steps to sell the subject property, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 20, 2010. Application by the nonparty-appellant to adjourn the return date of the motion so that it may submit a reply affirmation
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and the respondents and its attorneys or agents are stayed from taking any steps to sell the subject property, pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 27, 2010; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 27, 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 application is denied.
COVELLO, J.P., ANGIOLILLO, DICKERSON and BELEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court