Brian Mahon In His Capacity As President of Bd. of Mgrs. of Fleetwood Glen Condominum v Stacy Kloiber
Motion No: 2016-00193 WC
Slip Opinion No: 2016 NY Slip Op 67361(U)
Decided on March 14, 2016
Appellate Term, 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

ANTHONY MARANO, P.J.

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

2016-193 W C
Brian Mahon in his Capacity as President of the Board of Managers of the Fleetwood Glen Condominum, Appellant, v Stacy Kloiber, Respondent.

Motion by appellant to stay enforcement of an order of the City Court of Mount Vernon, Westchester County, dated January 7, 2016, pending the 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 branch of the motion seeking to stay so much of the order as vacated the judgment and set the matter down for trial is denied; and it is further,

ORDERED that the branch of the motion seeking to stay so much of the order as cancelled any restraining/garnishment notices and vacated any restraints on respondent's bank accounts or garnishment of respondent's wages is granted on condition that the appeal be perfected by May 6, 2016; and it is further,

ORDERED that in the event the above condition is not met, the court, on its own motion, may vacate the stay or respondent may move to vacate the stay on three days' notice.

ENTER:

Paul Kenny

Chief Clerk