| N.F. Gozo Corp. v Gene Kiselman, Gene Tsirkin & 2500 Coney Is. Ave. L.L.C. |
| Motion No: 2010-02134 kc |
| Slip Opinion No: 2011 NY Slip Op 61828(U) |
| Decided on January 14, 2011 |
| 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 2nd, 11th & 13th judicial Districts
MICHELLE WESTON, J.P.
JAIME A. RIOS
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| N.F. Gozo Corp., Respondent, v Gene Kiselman, Gene Tsirkin and 2500 Coney Island Avenue LLC., Appellants, and Washington Mutual Bank, Defendant. |
Motion by appellants on appeals from orders of the Civil Court of the City of New York, Kings County, entered April 29, 2010 and August 13, 2010 and from a judgment of the same court entered July 26, 2010, to stay enforcement of the judgment pending the determination of the appeal, to vacate the restraining notices on appellants' bank account and safe deposit box, for sanctions and for related relief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal from the order entered April 29, 2010 is dismissed on the ground that the right of direct appeal from the intermediate order terminated with the entry of judgment (see Matter of Aho, 30 NY2d 241, 248 [1976]; and it is further,
ORDERED that the motion is granted to the extent of staying enforcement of the judgment entered July 26, 2010 pending the determination of the appeals on condition that within 10 days from the date of this decision and order appellants file with the Civil Court the undertaking, a copy of which is attached to their motion papers, with proof of such filing to be filed with this court one
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business day after such filing, and upon the further condition that the appeal be perfected by March 4, 2011. Upon the filing of the undertaking, the restraining notices on defendants' bank accounts and safe deposit box at JPMorgan Chase Bank are vacated; and it is further,
ORDERED that 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; and it is further,
ORDERED that the branches of the motion seeking sanctions and other relief are denied.
ENTER:
Marsha L. Steinhardt
Associate Justice
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