| George T. Mccrossin v Benson Ave. Owners Corp. |
| Motion No: 2011-00793 kc |
| Slip Opinion No: 2011 NY Slip Op 70164(U) |
| Decided on April 8, 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
MICHAEL L. PESCE, P.J.
MICELLE WESTON
JOSEPH G. GOLIA, JJ.
DECISION & ORDER ON MOTION
| George T. McCrossin, Respondent, v Benson Avenue Owners Corp., Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered December 9, 2010, to permit appellant to deposit the amount of the judgment, and to vacate any restraining notices issued with respect to the judgment.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking a stay pending the determination of the appeal is granted on condition the appeal be perfected by June 3, 2011; and it is further,
ORDERED that in the event that the above condition is 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 branch of the motion seeking to permit appellant to deposit the amount of the judgment is denied as moot, as the deposit had been made; and it is further,
ORDERED that the branch of the motion seeking to vacate any restraining notices issued with respect to the judgment is granted.
ENTER:
Paul Kenny
Chief Clerk