| Xiaomao Wang v Alberto Martinez |
| Motion No: 2013-02343 QC |
| Slip Opinion No: 2014 NY Slip Op 62101(U) |
| Decided on January 10, 2014 |
| 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Xiaomao Wang, Respondent, v Alberto Martinez, Defendant, and Bruce A. Payne Associates, Inc., 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, Queens County, entered June 27, 2013, and to vacate any restraining notices issued with respect to the judgment.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, enforcement of the judgment entered June 27, 2013 is stayed and the restraining notice levied against appellant's account at Capital One Bank is lifted, pending the determination of the appeal on condition that the appeal be perfected on or before April 4, 2014; and it is further,
ORDERED that in the event that the above condition is 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