141 Sunnyside LLC v M. Zoarez, Inc.
Motion No: 2013-10834
Slip Opinion No: 2013 NY Slip Op 94887(U)
Decided on December 20, 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

M167141

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2013-10834

141 Sunnyside LLC, appellant,

v M. Zoarez, Inc., defendant,

573 Elton Corp., respondent.

(Index No. 20962/11)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated November 1, 2013, pending hearing and determination of an appeal therefrom.

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 the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 21, 2014; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 21, 2014, 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.

RIVERA, J.P., DICKERSON, LEVENTHAL and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court