| Targee Street Internal Medicine Group, P.C. v Deutsche B |
| Motion No: 2011-00744 |
| Slip Opinion No: 2011 NY Slip Op 64845(U) |
| Decided on February 22, 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
M115689
E/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
JOHN M. LEVENTHAL
SHERI S. ROMAN, JJ.
|
2011-00744 Targee Street Internal Medicine Group, P.C., respondent, v Deutsche Bank National Trust Company, etc., appellant, et al., defendants. (Index No. 29456/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order and judgment (one paper) of the Supreme Court, Queens County, entered December 1, 2010, pending hearing and determination of an appeal therefrom, and, in effect, to stay the sale, transfer, rental, lease, or encumbrance of the subject real property, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that enforcement of the order and judgment entered December 1, 2010, is stayed with respect to the appellant, and the sale, transfer, rental, lease, or encumbrance of the subject real property, is stayed, pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 24, 2011, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 24, 2011, the Court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
MASTRO, J.P., SKELOS, LEVENTHAL and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court