| Emigrant Mortgage Company, Inc. v Biggio |
| Motion No: 2011-08429 |
| Slip Opinion No: 2011 NY Slip Op 85736(U) |
| Decided on October 5, 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
M126888
E/sl
PETER B. SKELOS, J.P.
CHERYL E. CHAMBERS
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2011-08429 Emigrant Mortgage Company, Inc., plaintiff, v Jacqueline Biggio, respondent-appellant, Lawrence Biggio, respondent, Marie Holdings, Inc., appellant-respondent, et al., defendant. (Index No. 10494/06)
| DECISION & ORDER ON MOTION |
Separate motions by the appellant-respondent and respondent-appellant to stay enforcement of an order of the Supreme Court, Nassau County, entered September 13, 2011, pending hearing and determination of an appeal and cross appeal therefrom.
Upon the papers filed in support of the appellant-respondent's motion and the papers filed in opposition thereto, and upon the papers filed in support of the respondent-appellant's motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the motions are granted, and enforcement of the order is stayed pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before November 4, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 4, 2011, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.
SKELOS, J.P., CHAMBERS, SGROI and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court