E & D Group, LLC v Vialet
Motion No: 2015-02760
Slip Opinion No: 2015 NY Slip Op 71602(U)
Decided on April 29, 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

M191400

E/sl

RANDALL T. ENG, P.J.

L. PRISCILLA HALL

JEFFREY A. COHEN

BETSY BARROS, JJ.

2015-02760, 2015-02763

E & D Group, LLC, appellant,

v Theodore Vialet, respondent.

(Index No. 501308/14)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the respondent from selling, transferring, or encumbering the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated July 30, 2014, and February 25, 2015, respectively.

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 the respondent from selling, transferring, or encumbering the subject premises is granted, and the respondent is stayed from selling, transferring, or encumbering the subject premises, pending hearing and determination of the appeals on condition that the appeals are perfected on or before May 29, 2015; and it is further,

ORDERED that in the event the appeals are not perfected on or before May 29, 2015, 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; and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., HALL, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court