Law Off. of Howard M. File v Nicholas Barbaro
Motion No: 2013-02189 ric
Slip Opinion No: 2013 NY Slip Op 94401(U)
Decided on December 16, 2013
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

JAIME A. RIOS, JJ.

DECISION & ORDER ON MOTION

2013-2189 RI C
Law Office of Howard M. File, Respondent, v Nicholas Barbaro, Appellant.

Motion by appellant for a stay pending the determination of an appeal from a judgment of the Civil Court of the City of New York, Richmond County, entered September 11, 2013.

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

ORDERED that the motion is granted on condition that the appeal be perfected by March 7, 2014, and on the further condition that appellant deposit with the court below the sum of $21,704.76 within 10 days of the date of this decision and order; and it is further,

ORDERED that in the event that any the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.

ENTER:

Paul Kenny

Chief Clerk