| Skyline Restoration, Inc. v Roslyn Jane Holdings, LLC |
| Motion No: 2011-08540 |
| Slip Opinion No: 2011 NY Slip Op 85745(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
M126890
E/sl
PETER B. SKELOS, J.P.
CHERYL E. CHAMBERS
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2011-08540 Skyline Restoration, Inc., respondent, v Roslyn Jane Holdings, LLC, et al., appellants. (Index No. 4506/11)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of so much of an order of the Supreme Court, Nassau County, dated August 24, 2011, as directed Wilson Shum, as escrow agent, to release a certain down payment to the respondent, pending hearing and determination of an appeal from the order.
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 enforcement of so much of the order as directed Wilson Shum, as escrow agent, to release a certain down payment to the respondent is stayed pending hearing and determination of the 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