O'Doherty v Gormally
Motion No: 2011-00288
Slip Opinion No: 2011 NY Slip Op 69839(U)
Decided on April 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M118584

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2011-00288, 2011-3349

Anthony J. O'Doherty, etc., respondent,

v Bernadette Gormally, et al., appellants.

(Index No. 10-2396)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of a judgment of the Supreme Court, Westchester County, entered December 27, 2010, pending hearing and determination of an appeal from an order of the same court entered November 8, 2010.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from the order entered November 8, 2010, is deemed also to be a notice of appeal from the judgment entered December 27, 2010 (see CPLR 5501[c]); and it is further,

ORDERED that the motion is denied.

RIVERA, J.P., DICKERSON, HALL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court