| Gotham Bldrs. of N. Y., Ltd. v Gladys Zavala & Jose Sanchez |
| Motion No: 2012-02805 kc |
| Slip Opinion No: 2013 NY Slip Op 64312(U) |
| Decided on January 30, 2013 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Gotham Builders of New York, Ltd., Respondent, v Gladys Zavala and Jose Sanchez Also Known as Jose Zavala, Appellants. |
Motion by appellants for a stay pending the determination of an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered September 14, 2012, and to vacate the restraining notice on appellants' bank account at the Astoria Federal Savings Bank and the lien on appellants' house.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted on condition that within 10 days from the date of this decision and order appellants deposit with the Civil Court the amount of $14,700 as an undertaking, with proof of the deposit to be filed with this court one business day after making such deposit, and upon the further condition that the appeal be perfected by April 5, 2013. Upon the making of such deposit, the restraining notice on appellants' bank account at the Astoria Federal Savings Bank and the lien on appellants' house are vacated.
In the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.
ENTER:
Paul Kenny
Chief Clerk