U.S. Bank National Association v Salehzadeh Harrison Co
Motion No: 2012-07975
Slip Opinion No: 2012 NY Slip Op 86012(U)
Decided on October 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

M144288

E/sl

ANITA R. FLORIO, J.P.

RANDALL T. ENG

JOHN M. LEVENTHAL

ROBERT J. MILLER, JJ.

2012-07975

U.S. Bank National Association, etc., respondent,

v Salehzadeh Harrison Corporation, etc., et al.,

appellants.

(Index No. 52622/12)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Westchester County, entered July 20, 2012, and to stay the respondent from interfering with their possession of the personal property authorized to be seized pursuant to the order, 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 order is stayed and the respondent is stayed from interfering with the appellants' possession of the personal property authorized to be seized pursuant to the order, pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 31, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 31, 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.

FLORIO, J.P., ENG, LEVENTHAL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court