O'Brien v Contreras
Motion No: 2013-09727
Slip Opinion No: 2013 NY Slip Op 91485(U)
Decided on November 15, 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

M165379

E/sl

THOMAS A. DICKERSON, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2013-09727

Martin O'Brien, respondent,

v Diomaris Contreras, appellant.

(Index No. 6395/13)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Suffolk County, dated September 10, 2013, pending hearing and determination of an appeal therefrom.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to stay enforcement of the order is granted, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 16, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 16, 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; and it is further,

ORDERED that the motion is otherwise denied.

DICKERSON, J.P., HALL, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court