Cristando v Lozada
Motion No: 2013-01770
Slip Opinion No: 2013 NY Slip Op 65604(U)
Decided on February 26, 2013
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

M152013

S/ct

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2013-01770

Robert Cristando, appellant,

v Edwin Lozada, etc., respondent.

(Index No. 202837/09)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Nassau County, dated January 2, 2013, 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 judgment dated January 2, 2013, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 12, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 12, 2013, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

MASTRO, J.P., RIVERA, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court