| Dermigny v Harper |
| Motion No: 2013-07427 |
| Slip Opinion No: 2013 NY Slip Op 84500(U) |
| Decided on September 9, 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
M161915
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2013-07427 Ellen H. Dermigny, appellant, v Robert F. Harper, respondent. (Index No. 12623/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, entered November 30, 2009, inter alia, to stay enforcement of any judgment entered upon the subject arbitration award, pending hearing and determination of the appeal.
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 any judgment entered upon the subject arbitration award is granted, and enforcement of any judgment entered upon the subject arbitration award is stayed, pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 9, 2013, and the motion is otherwise denied; 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 respondent may move to vacate the stay, on three days notice.
DILLON, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court