| Dunne v Santo Domingo Car Service |
| Motion No: 2011-08739 |
| Slip Opinion No: 2011 NY Slip Op 88812(U) |
| Decided on November 3, 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
M128395
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
ARIEL E. BELEN, JJ.
|
2011-08739 Michelle Dunne, respondent, v Santo Domingo Car Service, appellant. (Index No. 21758/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated January 20, 2011, to stay enforcement of a judgment of the same court entered June 2, 2006, pending hearing and determination of the appeal from the order dated January 20, 2011.
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 the judgment entered June 2, 2006, is stayed pending hearing and determination of the appeal on condition that the appeal from the order dated January 20, 2011, is perfected on or before December 5, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 5, 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.
DILLON, J.P., BALKIN, LEVENTHAL and BELEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court