| Victor H. Taranto M.D., D.O. v Patrick Abohwo |
| Motion No: 2011-02418 qc |
| Slip Opinion No: 2012 NY Slip Op 64440(U) |
| Decided on February 8, 2012 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Victor H. Taranto M.D., D.O., Respondent, v Patrick Abohwo, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered July 26, 2011, and to vacate any restraining notices issued with respect to the judgment.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon a stipulation of settlement entered into between the parties and "so-ordered" by this court on February 3, 2012, it is
ORDERED that the motion is withdrawn on consent of the appellant, and it is further
ORDERED that per the stipulation of settlement of February 3, 2012, respondent consents to the continuation of a stay pending a decision of this court granting, denying, modifying, or dismissing the appeal, and it is further,
ORDERED that the restraining notice is hereby vacated and the Sheriff of Nassau County shall return to Nassau Educator Federal Credit Union the sum of $2974.82 for the credit and benefit of appellant Patrick Abohwo, and it is further
ORDERED that on consent of appellant, the deposit of $2512 posted by appellant shall remain on deposit pending further order of this court.
ENTER:
Paul Kenny
Chief Clerk