Dias v North True Construction Management, LLC
Motion No: 2012-06794
Slip Opinion No: 2012 NY Slip Op 80309(U)
Decided on August 1, 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

M141578

S/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2012-06794

James Dias, et al., appellants,

v North True Construction Management, LLC,

defendant, South 4th Street Condos, LLC, respondent.

(Index No. 24348/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated May 25, 2012, pending hearing and determination of an appeal therefrom.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that pending hearing and determination of the appeal the respondent is stayed from selling, encumbering, transferring, or hypothecating the property located at 185 South 4th Street, Brooklyn, New York, on condition that the appeal is perfected on or before September 4, 2012, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 4, 2012, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

BALKIN, J.P., CHAMBERS, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court