Pescatore v Nicole Brittany, Ltd.
Motion No: 2015-08746
Slip Opinion No: 2015 NY Slip Op 88510(U)
Decided on October 23, 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

M200440

E/sl

CHERYL E. CHAMBERS, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2015-08746

Pasquale Pescatore, plaintiff-respondent,

v Nicole Brittany, Ltd., et al., defendants-

respondents; Henry Grunbaum, nonparty-

appellant.

(Index No. 23075/07)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant, inter alia, to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated June 22, 2015.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that the sale of the subject premises is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 30, 2015, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 30, 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.

CHAMBERS, J.P., HALL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court