Amico v Lydia Realty Associates, LLC
Motion No: 2012-02375
Slip Opinion No: 2012 NY Slip Op 70825(U)
Decided on April 19, 2012
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M136486

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2012-02375

Joseph C. Amico, respondent,

v Lydia Realty Associates, LLC, appellant.

(Index No. 10-12394)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered December 5, 2011, to stay enforcement of a judgment of the same court entered March 24, 2011, pending hearing and determination of the appeal from the order.

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 March 24, 2011, is stayed pending hearing and determination of the appeal on condition that the appeal from the order entered December 5, 2011, is perfected on or before May 21, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 21, 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.

BALKIN, J.P., LEVENTHAL, HALL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court