| Agovino & Asselta, Llp v Richard Rubens |
| Motion No: 2011-00470 nc |
| Slip Opinion No: 2011 NY Slip Op 70810(U) |
| Decided on April 18, 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 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
MELVYN TANENBAUM
JOHN R. LaCAVA, JJ.
DECISION & ORDER ON MOTION
| Agovino & Asselta, LLP, Respondent, v Richard Rubens, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the District Court of Nassau County, First District, entered December 15, 2010, and to vacate any restraining notices.
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 on the further condition that within 10 days of the date of this decision and order appellant deposit in the District Court the additional sum of $1,201.05 as an undertaking, with proof of the deposit to be filed with this court within one business day after the making of such deposit; upon the making of such deposit, any restraining notices on appellant's bank accounts are vacated; and it is further,
ORDERED that in the event that 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.
ENTER:
Paul Kenny
Chief Clerk