| Stipo v Carpenito |
| Motion No: 2011-07229 |
| Slip Opinion No: 2011 NY Slip Op 87484(U) |
| Decided on October 21, 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
M127601
E/ct
PETER B. SKELOS, J.P.
L. PRISCILLA HALL
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
|
2011-07229 John L. Stipo, respondent, v Thomas Carpenito, appellant. (Index No. 11850/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered June 21, 2011, to stay enforcement of a judgment of the same court dated January 18, 2011, as well as all proceedings in the above-entitled action, 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 to the extent that enforcement of the judgment dated January 18, 2011, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 21, 2011 and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 21, 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., HALL, LOTT and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court