| NC TWO, LP v 80 Water View, LLC |
| Motion No: 2011-06370 |
| Slip Opinion No: 2011 NY Slip Op 79638(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
M123764
S/ct
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
JEFFREY A. COHEN, JJ.
|
2011-06370 NC Two, LP, respondent, v 80 Water View LLC, defendant; Robert Kaswell, nonparty-appellant.
(Index No. 27216/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, dated July 5, 2011, to stay the sale of certain real property of the defendant 80 Water View, LLC, or to stay distribution of any proceeds of the sale, 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 and the sale of certain real property of the defendant 80 Water View, LLC, or the distribution of any proceeds of the sale are stayed, pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 20, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 20, 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