Appellate Division: Second Judicial Department

M135633

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2012-00716, 2012-00887 Diane Lawrence, respondent, v Samrang Kchao, etc., et al., appellants. (Index No. 441/09)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay the distribution to the respondent of money collected through an execution on the appellant Interfaith Medical Center's account at TD Bank, pending hearing and determination of appeals from a judgment of the Supreme Court, Kings County, dated January 3, 2012, and an order of the same court dated November 23, 2011.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to stay the distribution to the respondent of money collected through an execution on the appellant Interfaith Medical Center's account at TD Bank is granted, and the distribution to the respondent of money collected from the appellant Interfaith Medical Center's account at TD Bank is stayed, pending hearing and determination of the appeals on condition that the appeals are perfected on or before May 2, 2012; and it is further,

ORDERED that in the event the appeals are not perfected on or before May 2, 2012, 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; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., BALKIN, ENG and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court