Emanuel Polak v Carlton Resources Inc. et



Emanuel Polak v Carlton Resources Inc. et
Motion No: #512116
Slip Opinion No: 2011 NY Slip Op 74520(U)
Decided on June 1, 2011
Appellate Division, Third 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.



Decided and Entered: June 1, 2011

Case #512116


EMANUEL POLAK,

Appellant,

v


CARLTON RESOURCES, INC., et al.,

Respondents.


DECISION AND ORDER
ON MOTION

Motion for stay in triggering of the option in which plaintiff is required to give notice of exercising his option pending 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, without costs, and without prejudice to a motion to vacate the stay in the event the appeal is not perfected on or before August 1, 2011.
PETERS, J.P., LAHTINEN, McCARTHY, GARRY and EGAN JR., JJ., concur.


ENTER:
Robert D. Mayberger
Clerk of the Court