| Matter of Ignizio v City of New York |
| Motion No: 2010-11635 |
| Slip Opinion No: 2010 NY Slip Op 91993(U) |
| Decided on December 27, 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
M113195
E/sl
MARK C. DILLON, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2010-11635 In the Matter of Vincent M. Ignizio, etc., et al., respondents, v City of New York, et al., appellants. (Index No. 80184/10)
| DECISION & ORDER ON MOTION |
Motion by the respondents to vacate an automatic stay of enforcement of a judgment of the Supreme Court, Richmond County, dated December 6, 2010, which is in effect pursuant to CPLR 5519(a), pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied and the automatic stay pursuant to CPLR 5519(a) remains in effect on condition that the appeal is perfected on or before January 24, 2011; and it is further,
ORDERED that if the appeal is not perfected on or before January 24, 2011, the court on its own motion may vacate the automatic stay, or the petitioners may renew their motion to vacate the automatic stay on three days notice.
DILLON, J.P., HALL, AUSTIN and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court