| So Young Han v Furst |
| Motion No: 2013-08340 |
| Slip Opinion No: 2013 NY Slip Op 85625(U) |
| Decided on September 18, 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
M162387
E/sl
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2013-08340 So Young Han, et al., respondents, v Barry Furst, et al., appellants, et al., defendants. (Index No. 13702/11)
| DECISION & ORDER ON MOTION |
Motion by the appellants, in effect, to stay enforcement of so much of an order of the Supreme Court, Nassau County, entered July 2, 2013, as directed the release of the respondent's down payment funds, held in escrow by the appellants' real estate attorney, pending hearing and determination of an appeal from the order.
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 so much of the order as directed the release of the respondents' down payment funds, held in escrow by the appellants' real estate attorney, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 18, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 18, 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.
BALKIN, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court