| Appelbaum v Perfecto Distributors, LLC |
| Motion No: 2011-09724 |
| Slip Opinion No: 2011 NY Slip Op 89008(U) |
| Decided on November 7, 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
M128513
E/sl
DANIEL D. ANGIOLILLO, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2011-09724 Murray Appelbaum, respondent, v Perfecto Distributors, LLC, defendant; Selecto Holdings, LLC, nonparty-appellant.
(Index No. 11-50319)
| DECISION & ORDER ON MOTION |
Motion by Selecto Holdings, LLC, on an appeal from an order of the Supreme Court, Westchester County, dated September 26, 2011, to stay enforcement of a judgment of the same court entered June 28, 2011, against it, 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 enforcement of the judgment entered June 28, 2011, against Selecto Holdings, LLC, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 7, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 7, 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.
ANGIOLILLO, J.P., HALL, AUSTIN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court