| Hasana Carlos v Belinda Primus |
| Motion No: 2016-00197 WC |
| Slip Opinion No: 2016 NY Slip Op 71535(U) |
| Decided on April 18, 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. |
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
| Hasana Carlos, Respondent, v Belinda Primus, Appellant. |
On the court's own motion, it is
ORDERED that the decision and order on motion of this court dated March 30, 2016 is recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by appellant on an appeal from a final judgment of the City Court of Peekskill, Westchester County, entered January 6, 2016, in effect, for summary reversal, or, in the alternative, to stay enforcement of the judgment's monetary award pending the determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of appellant's motion seeking to stay enforcement of the judgment's monetary award pending the determination of the appeal is granted on condition that the appeal be perfected on or before June 3, 2016; and it is further,
ORDERED that in the event that any of 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; and it is further,
ORDERED that the branch of appellant's motion seeking, in effect, summary reversal is denied.
ENTER:
Paul Kenny
Chief Clerk