| Dafni v Stathakis |
| Motion No: 2012-07101 |
| Slip Opinion No: 2012 NY Slip Op 85378(U) |
| Decided on September 26, 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. |
Appellate Division: Second Judicial Department
M144087
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2012-07101 Koren Dafni, respondent, v Larry Stathakis, et al., defendants; 75th Street, LLC, nonparty-appellant. (Index No. 20415/04)
| DECISION & ORDER ON MOTION |
Motion by 75th Street, LLC, for leave to appeal to this Court from an order of the Supreme Court, Queens County, dated August 1, 2012, and, in effect, to stay enforcement of a judgment of foreclosure of the same court dated January 23, 2006, including, but not limited to, the sale of the subject premises, pending hearing and determination of an 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 dated January 23, 2006, including, but not limited to, the sale of the subject premises, is stayed either pending determination by the Supreme Court, Queens County, of a motion by 75th Street, LLC, for, inter alia, leave to intervene as a necessary party (see CPLR 1001, 1012[a][3]), currently pending in that court, or pending hearing and determination of the appeal from the order dated August 1, 2012, whichever occurs first.
DILLON, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court