| GMCK Realty LLC v Mihalatos |
| Motion No: 2011-06422 |
| Slip Opinion No: 2011 NY Slip Op 79634(U) |
| Decided on August 1, 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
M123763
S/ct
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
JEFFREY A. COHEN, JJ.
|
2011-06422 GMCK Realty, LLC, respondent, v Dennis Mihalatos, et al., appellants.
(Index No. 3829/09)
| DECISION & ORDER ON MOTION |
Motion by the defendants for leave to appeal to this Court from so much of an order of the Supreme Court, Queens County, dated July 13, 2011, as granted the plaintiff's application to hold them in contempt of court for failing to post a bond, to stay enforcement of the order, and to stay the incarceration of the appellant Dennis Mihalatos, pending hearing and determination of the 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, enforcement of the order dated July 13, 2011, and the incarceration of the appellant Dennis Mihalatos are stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before September 6, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 6, 2011, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
DILLON, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court