Appellate Division: Second Judicial Department

M161906

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2013-08122, 2013-08125 Yexuny Chancay, et al., respondents, v Danuta Borkowska Negron, etc., appellant. (Index No. 7189/12)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Queens County, entered April 4, 2012, pending hearing and determination of an appeal from an order of the same court entered July 29, 2013, and for leave to appeal to this Court from stated portions of an order of the same court dated August 12, 2013.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to stay enforcement of the judgment entered April 4, 2012, is granted, and enforcement of the judgment is stayed pending hearing and determination of the appeal from the order entered July 29, 2013, on condition that the appeal is perfected on or before October 9, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 9, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court