Clinton Hill Holding 1, LLC v Kathy & Tania Inc.
Motion No: 2015-07237
Slip Opinion No: 2015 NY Slip Op 89853(U)
Decided on November 6, 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

M201297

E/sl

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2015-07237

Clinton Hill Holding 1, LLC, respondent,

v Kathy & Tania Inc., etc., appellant,

et al., defendants.

(Index No. 17586/09)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the sale, transfer, hypothecation, or encumbrance of the subject premises, and to permit it to continue to manage the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated March 4, 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, and, pending hearing and determination of the appeal, the sale, transfer, hypothecation, or encumbrance of the subject premises is stayed and the appellant is permitted to manage the subject premises, on condition that the appeal is perfected on or before December 8, 2015; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 8, 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.

ENG, P.J., DICKERSON, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court