Baxter v Javier
Motion No: 2015-00559
Slip Opinion No: 2015 NY Slip Op 64071(U)
Decided on February 18, 2015
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

M187528

E/ct

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2015-00559

Robert C. Baxter, appellant,

v Mark Javier, et al., respondents.

(Index No. 8806/00)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, entered December 16, 2014, 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 March 20, 2015; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 20, 2015, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.

DILLON, J.P., LEVENTHAL, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court