Melworm v Encompass Indemnity Company
Motion No: 2012-07238
Slip Opinion No: 2012 NY Slip Op 82811(U)
Decided on August 29, 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

M142876

I/sl

WILLIAM F. MASTRO, A.P.J.

RANDALL T. ENG

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2012-07238

Michael Melworm, et al., respondents,

v Encompass Indemnity Company,

et al., appellants.

(Index No. 5390/11)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Kings County, dated July 30, 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, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 28, 2012; and it is further

ORDERED that in the event the appeal is not perfected on or before September 28, 2012, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.

MASTRO, A.P.J., ENG, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court