| Banda v Lynch Park, LLC |
| Motion No: 2013-02634 |
| Slip Opinion No: 2013 NY Slip Op 69081(U) |
| Decided on April 1, 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. |
Appellate Division: Second Judicial Department
M153926
E/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2013-02634 Akiva Banda, appellant, v Lynch Park, LLC, respondent. (Index No. 23204/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the respondent from taking any action to cause the cancellation of a certain notice of pendency and to stay enforcement of an order of the Supreme Court, Kings County, dated January 30, 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 the respondent is stayed from taking any action to cause the cancellation of the notice of pendency concerning the subject premises, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 1, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 1, 2013, 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.
RIVERA, J.P., LEVENTHAL, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court