| Figaredo v Figaredo |
| Motion No: 2011-02781 |
| Slip Opinion No: 2011 NY Slip Op 71417(U) |
| Decided on May 2, 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
M119381
E/ct
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
ANITA R. FLORIO
LEONARD B. AUSTIN, JJ.
|
2011-02781 Russell Figaredo, etc., et al., respondents, v Mitchell Figaredo, et al., appellants. (Index No. 33386/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Kings County, dated January 5, 2011, pending hearing and determination of an appeal therefrom.
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 so much of the order as directed the premises to be vacated within 45 days of entry of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 31, 2011, without prejudice to the respondents making a motion to vacate the stay upon proof that the property is being sold pursuant to an executed contract of sale; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 31, 2011, the Court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
RIVERA, J.P., SKELOS, FLORIO and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court