| Trimarco v Data Treasury Corporation |
| Motion No: 2010-08824 |
| Slip Opinion No: 2011 NY Slip Op 62280(U) |
| Decided on January 25, 2011 |
| 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
M114409
E/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2010-08824, 2010-12001 Michael C. Trimarco, respondent, v Data Treasury Corporation, appellant. (Index No. 30324-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Suffolk County, dated June 30, 2010, and December 2, 2010, respectively, to stay enforcement of the order dated December 2, 2010, pending hearing and determination of the appeal from that 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 only with respect to prosecution of the appeal from the order dated June 30, 2010, on condition that the appeals are perfected on or before February 28, 2011, the motion is denied as unnecessary with respect to the appeal from the order dated December 2, 2010, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeals are not perfected on or before February 28, 2011, the Court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
RIVERA, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court