Cantalupo Construction Corp. v 2319 Richmond Terrace C
Motion No: 2015-01117
Slip Opinion No: 2015 NY Slip Op 67234(U)
Decided on March 17, 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

M189181

S/ct

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

BETSY BARROS, JJ.

2015-01117

Cantalupo Construction Corp., appellant,

v 2319 Richmond Terrace Corp., respondent,

et al., defendants.

(Matter No. 1)

(Index No. 100906/11)

In the Matter of Richmond Terrace Corp.,

respondent, v Cantalupo Construction Corp.,

appellant; Claudio Perfetto, nonparty-appellant.

(Matter No. 2)

(Index No. 102882/12)

DECISION & ORDER ON MOTION

Motion by Cantalupo Construction Corp. and Claudio Perfetto on an appeal from an order of the Supreme Court, Richmond County, dated February 4, 2015, to grant Claudio Perfetto leave to appeal from the order and to stay enforcement of the order pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, Claudio Perfetto is granted leave to appeal, and enforcement of the order dated February 4, 2015, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 17, 2015; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 17, 2015, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

RIVERA, J.P., AUSTIN, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court