Appellate Division: Second Judicial Department

M183414

S/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

SANDRA L. SGROI, JJ.

2014-10442 Community Preservation Corporation, plaintiff- respondent, v Northern Blvd Property, LLC, et al., defendants, Yourik Atakhanian, appellant; Anthony J. Rattoballi, nonparty-respondent. (Index No. 704265/13)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Queens County, dated October 27, 2014, and to release him from incarceration, 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 branch of the motion which is to stay enforcement of the order dated October 27, 2014, is granted, enforcement of the order dated October 27, 2014, is stayed, pending hearing and determination of the appeal, and the appellant shall be released from incarceration; and it is further,

ORDERED that on the Court's own motion the appellant shall perfect the appeal on or before December 22, 2014; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 22, 2014, the Court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that upon receipt of a copy of this decision and order on motion, the Warden of the facility at which the appellant is incarcerated, or his or her agent, is directed to immediately release the appellant; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., LEVENTHAL, CHAMBERS and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court